Eron N🇺🇬

Advocate & Taxation and revenue consultant

[Gracious Onuoha @grayshurz]

I need a Netflix series so addictive that I completely forget the outside world exists.
Hit me with your best recommendations

[Eron N🇺🇬 @ScottEron]

@EddieSenkumba @PcfChairman @jesadairy Proud of you 😍

[Next Kulture @nextkulture]

🚨 Did you know??? Attorney General Kiryowa Kiwanuka is proposing major changes to Uganda’s Human Rights Enforcement Act! 📜

#NBSKultureKonnect #NextKulture

[⚖️ TriteLaw🇺🇬 @TriteLawUG]

Namanya J✍️Failure to sign & seal summons by Court is incurably Defective However in Courts where ECCMIS has been Operationalized, Lack of Physical Signing & sealing by Court Does not Render Summons a Nullity✍️ it is duty of Court to Adapt Rules of Court to ECCMIS Environment⬇️

[⚖️ TriteLaw🇺🇬 @TriteLawUG]

Muwata J Denies Molly katanga Bail✍️Only Medical officer of Prison is authorized to examine an accused for purposes of bail✍️ Applicant's age of 55 per the Rules cannot be of Advanced Age(above 60)✍️Ends of justice would be best served by hearing the Main case on 2-July-2024

[Lawpoint Uganda @Lawpointuganda]

Today, ✍️the High Court has reiterated the position of the law that a suit in the names of a wrong plaintiff is a nullity. “The law is now settled, a suit in the names of a wrong plaintiff or defendant cannot be cured by amendment"👇 Case Link:https://t.co/A5e1M9lDkK

[⚖️ TriteLaw🇺🇬 @TriteLawUG]

Nagawa J Grants Divorce, Declines to Grant Wife’s shares in a House, ✍️Not Matrimonial house since it was Registered in Her Husband's Mother’s Name, ✍️ 3rd party shall not be condemned unheard, ✍️Ownership of property should be filed at High Court Land Division 4 Determination

[Mukula @mukulaa]

The judge asked the killer of former Egyptian President Anwar Sadat: 'Why did you kill Sadat?'
He said to him: “Because he was secular!"
The judge replied: “What does secular mean?"
The killer said, “I don’t know!"
In the case of the attempted assassination of the late Egyptian writer Naguib Mahfouz, the judge asked the man who stabbed Naguib Mahfouz: "Why did you stab him?"
The terrorist said: “Because of his novel – The Children of Our Neighborhood.”
The judge asked him: “Have you read this novel?”
The criminal said: "No!"
Another judge asked the terrorist who killed Egyptian writer “Faraj Fara”: “Why did you assassinate Faraj Fouda?”
The terrorist replied: “Because he is an infidel!”
The judge asked him: "How did you know he was unfaithful?"
The terrorist replied: “According to the books he wrote.”
The judge said: “Which of his books led you to believe he was unfaithful?
The Terrorist: “I haven’t read his books!
Judge: “How?”
The terrorist replied: “I don’t know how to read or write!”
Hatred never spreads through knowledge... It always spreads through ignorance...*
Knowledge makes you tolerant... Most of the people who hate you know nothing about you...*
Manipulated minds remain humanity's greatest danger.*
With time, one is lucky to discover the truth, please learn to love one another

[⚖️ TriteLaw🇺🇬 @TriteLawUG]

Ssekana J✍️Court Bailiffs, Not Agents of Judgment Creditor, but Representative of High Court Registrar; Orders Bailiff to pay 400M for Unlawfully attached property , 100M Punitive Damages to Judgment Debtor , 20M Decretal Sum to Judgment Creditor & Arrest him 4 Theft/Conversion

[Case knots @CaseBriefGuide]

THE 22 ACTS OF PARLIANMENT PASSED IN 2023 BY @Parliament_Ug ||THREAD||

[TumukundeTonny(TT) @TumukundeTT]

COA has held that a beneficiary of an estate of a deceased person can enter into a valid agreement of sale of his/her share in the estate even when he/she does not have letters of administration granted to him/her by a court of law.

[𝙋𝙖𝙢𝙢𝙮 ✨️ @_Pammy_DS_]

Being in a healthy relationship truly taught me there is no such thing as "that's just the way I am". When you genuinely love someone you work on those toxic traits, you learn to communicate, you actively listen to each others thoughts and feelings – you grow and heal together.

[Bazira, MCIArb @Bazira__]

Counsel, be courteous to your colleague. Before you take on new instructions of a pending case from a client, give former counsel a call. You’ll be shocked by the revelations. Don’t be quick to judge previous counsel for not doing his job well. Some lawyers abandon work due to non payment while others are misled. We also have a few exceptions where lawyers just don’t do their job well.

We have a number of colleagues that get advice from their clients and not the vice versa. Their clients determine the course of action. This is dangerous. Let’s guard the profession jealously.

[Case knots @CaseBriefGuide]

💼DIVISION OF MATRIMONIAL PROPERTY💼
In Kintu v Kintu below, Bboosa J's Judgment contains in its debris, the principles considered when dividing and distributing matrimonial property at DIVORCE.
||THREAD||

[Owek. Byamazima Joshua @joshuabyamazima]

Cehurd v Jaro Hospital, court said detention of patients in ungazetted detention places like hospitals was illegal.

Hospitals need to think about debt recoveries and credit management.

[Case knots @CaseBriefGuide]

📌📌ORAL GIFTS OF LAND📌📌
🧵Thread🧵
Since customary law requires no writing for transfer of land, a gift inter vivos of land may be established by evidence of exclusive occupation and use thereof by the donee during the lifetime of the donor.

[Nabasa & Co. Advocates @nabasalaw]

Whatsapp Screenshots Evidence

Learn how to present and challenge WhatsApp screenshots in legal proceedings.

Read full article by clicking on the link below 👇
https://t.co/PYTcm5qfmE

#SocialMediaEvidenceUganda
#SocialMediaLawUganda

[Lawpoint Uganda @Lawpointuganda]

Just in case you missed it 📌

[Silver Kayondo @SilverKayondo]

Legal win by Konshens in Uganda. @OrtusAdvocates put in a good shift for the 3rd Defendant.

Good job @mkbernz & @ByorugandaSolo

#Music #copyright #telecoms

[SON OF LOYOLA @FERDINANDIUS]

CASE ALERT; "No Adultery, No Divorce"
Court has held that a husband cannot divorce his wife based on cruelty and desertion alone in absence of Adultery.

In the case of Zedekia Karokora v Kellen Karokora Divorce Cause No. 020 of 2020, Justice John Eudes Keitirima has set a strange precedent and denied a husband to divorce his wife on ground that the Husband did not prove adultery and that even if he had proved cruelty and desertion, that's not enough.

In the Petition, the Huband Zedekia who has been married to Kellen since 1975, sought to divorce her on grounds that she denied him conjugal rights since 1999, has been cruel to him, each person cooks their own food, abuses him and she believes in which craft among others. That such conduct has adversely affected the man's health by causing him mental anguish, depression, nervousness and has since developed hypertension and diabetes. The husband sought for divorce and disposal of their matrimonial property. The wife denied the allegations contending that she has never been cruel to her husband.

In the 9 page Judgment, Justice John Eudes Keitirima has held as follows;
"in this petition, the Petitioner stated that he has been denied conjugal rights by the respondent since 1999, the respondent has been cruel to him and does not receive any care from the respondent. In her evidence, the respondent denied the said allegations by the petitioner. Even if his evidence, the Petitioner could have proved cruelty and desertion on part of the respondent, those grounds alone are not sufficient to dissolve marriage. Cruelty or desertion must be coupled with adultery. The Petitioner has not proved adultery on the part of the respondent. In this case, the petitioner had to also prove adultery on part of the respondent on tp of the other grounds he raised in the petition. The grounds of cruelty and desertion cannot stand alone or even if they are coupled as grounds for divorce. Therefore the petitioner has failed to prove the grounds for divorce and the petition will be dismissed"

I have called this a strange judgment because it sets the precedent that the only ground that can dissolve marriage is "Adultery" and the rest of the grounds cannot stand alone. This is problematic as it comes at a time when jurisdictions are moving away from the colonial restrictions on divorce and are considering "irretrievable breakdown of marriage" as a justification for divorce where 2 parties can no longer live together as a couple.

I also find the judgment strange because it is per incuriam. A decision is said to be per incuriam if it overlooks a certain precedent. In our common law jurisdiction, High Courts are bound by decisions of the Supreme Court and Court of Appeal. The Constitutional Court and Court of Appeal has long settled the position that any of the grounds provided for in the Divorce Act is enough to dissolve a marriage.

Previously, Section 4 of the Divorce Act provided for grounds for divorce. It only allowed a man to divorce a wife on the ground of adultery. However, it required a wife to prove adultery plus any other ground such as cruelty, desertion, bigamy, bestiality, change of religion etc in order to divorce.

The said section was challenged in the Constitutional Court as being discriminatory against Women. In Uganda Association of Women Lawyers v. Attorney General Constitutional Petition No. 02 of 2002, the Constitutional Court found the said provision unconstitutional and held that all the grounds of divorce mentioned in Section 4(1) and
(2) of the Divorce Act are available to both parties to the marriage.

The effect of the above decision was considered in the case of Dr. Specioza Wandira Kazibwe V Engineer Charles Nsubuga Kazibwe Divorce Cause No. 03/2003. In the Kazibwe case court held that both adultery and cruelty are distinctive grounds, each in its own right, upon any of which a decree nisi may issue. That a petitioner could therefore obtain a decree for divorce after proving to the satisfaction of the court either the ground for adultery or cruelty or both.

The Court of Appeal got an opportunity once again to pronounce itself on what grounds should be proved to be entitled to divorce. In the case Rebecca Nagidde v Charles Steven Mwasa Civil Appeal No. 160 of 2018, the Court of Appeal held that "in light of Uganda Association of Women Lawyers v. Attorney General Constitutional Petition No. 02 of 2002, it is sufficient for either spouse to allege one ground for divorce as set out in Section 4 of the Divorce Act for a petition or cross petition to succeed.

Even though the judge cited both cases of Rebecca Nagidde v Steven Mwasa and Uganda Association of Women Lawyers v AG supra, the judge overlooked the principle set therein that one ground for divorce is sufficient.
As stated by Kanyeihamba in Paul K. Ssemogerere and Ors v Attorney General Constitutional Appeal No.1 Of 2002 "When a Court ignores or overlooks a binding precedent and decides a case as if that precedent does not exist, its decision is said to be a decision per incuriam."

Therefore, in my humble opinion, the decision of Justice Keitirima is per incuriam in so far as it holds that "without adultery, there is no divorce". Such a decision is to take us back to the ages at a time when Courts are focused on look at the facts in totality to determine whether a marriage has irretrievably broken down as held by Kainamura J in Julius Chama V Specioza Rwalinda Mbabazi Divorce Cause No. 25/2011.

Further, the decision of Justice Keitirima which was delivered today 18th August 2023, comes at a time when Parliament already amended Section 4 of the Divorce Act to provide that one ground is enough for divorce. This Section was amended by Section 18 of the Law Revision (Miscellaneous Amendments) Act 2023 which set out to harmonize various laws in our country in line with decisions of Court. Section 4 of the Divorce Act was amended as follows.;
4. Grounds for divorce
A husband or wife may apply by petition to the Court for the dissolution of the marriage on the ground that since the solemnisation of the marriage, his wife or her husband;
(a) has been guilty of adultery
(b) has changed his or her profession of Christianity
(c) has been guilty of bigamy
(d) has been guilty of rape, sodomy, or bestiality
(e) has been guilty of cruelty or
(f) has been guilty of desertion.

The Law Revision (Miscellaneous Amendments) Act 2023 which amends Section 4 of the Divorce Act was assented to by the President on 10th May 2023. This means that the judge should have been informed of the change in the law and his decision should have been progressive in light of the evolving nature of relationships. It is wrong for Court to let people remain married when they do not want. It is time that our Courts and Parliament embraces the no fault divorce and let persons who come together willingly, divorce willingly. Kenya has already moved for no fault divorce as seen by the recent Amendment Bill.

All in all, I find that this judgment, if appealed will be overturned as per the above precedents which have been applied in many cases. That's why I call this a strange judgment.

I dont know how you find it, but for the judge to hold that even if the wife or husband chops off one of your arm, you cant divorce her unless you find her kwepicha with another man is not logical.