Uganda Case Law

Muwanga v Sun

Muwanga v Sun (Miscellaneous Application 129 of 2019) [2024] UGHC 618 (3 July 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 129 of 2019

Judge

Bukirwa, J

The court held that Regulation 9 of the Advocates (Professional Conduct) Regulations is directed at individual advocates and not law firms. Where an advocate swears an affidavit and is thereby a potential witness in a contentious matter, only that advocate is barred from representing the client in the same matter; the conflict does not extend to other members of the law firm. The affidavit sworn by the advocate is not defective or inadmissible solely on this basis. The preliminary objection that the entire law firm is conflicted and the affidavit is defective was therefore overruled.

Source excerpt

• Advocate Conflict Of Interest
• Affidavit Validity
• Professional Conduct Regulation

Annoited Church of Jesus Christ v Pr. Byabasaija and 2 Others (HCT-01-CV-LD-CS 10 of 2022)

Annoited Church of Jesus Christ v Pr. Byabasaija and 2 Others (HCT-01-CV-LD-CS 10 of 2022) [2024] UGHC 220 (19 April 2024)

Court

High Court of Uganda

Case number

HCT-01-CV-LD-CS 10 of 2022

Judge

Wagona, J

The High Court declined to disqualify plaintiff’s counsel, finding no sufficiently specific confidential information from an earlier land case that would prejudice the defendants.

• Advocate Conflict Of Interest
• Privileged Information
• Land Dispute
• Professional Conduct
• Advocate-conflict-of-interest
• Privileged-information

Barungi and Another v Kawesa and Another (MISC. APPLICATION NO. O220 OF 2024)

Barungi and Another v Kawesa and Another (MISC. APPLICATION NO. O220 OF 2024) [2024] UGHC 1212 (4 January 2024)

Court

High Court of Uganda

Case number

MISC. APPLICATION NO. O220 OF 2024

Judge

Nabakooza, J

The High Court sustained a preliminary objection, holding that an advocate could not act as both counsel and witness in a contentious application.

• Advocate Conflict Of Interest
• Representation In Contentious Matters
• Regulation Of Legal Profession
• Res Judicata
• Cause Of Action
• Abuse Of Court Process

Nekuusa and Another v Zimula and Another

Nekuusa and Another v Zimula and Another (Miscellaneous Application No. 368 of 2020) [2020] UGCC 17 (22 December 2020)

Court

Constitutional Court of Uganda

Case number

Miscellaneous Application No. 368 of 2020

Judge

Wabwire, J

The High Court refused to join a bank’s advocates as defendants in a debt recovery suit, holding they were neither proper nor necessary parties.

• Joinder Of Parties
• Advocate Conflict Of Interest
• Forgery Allegations
• Mortgage Disputes
• Joinder-of-parties
• Advocate-confidentiality

Hussein Mohammed v Mayanja & 5 Ors

Hussein Mohammed v Mayanja & 5 Ors (Civil Suit No. 0178 of 2009) [2017] UGHCLD 107 (14 December 2017)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 0178 of 2009

Judge

Kawesa, J

The application to have Counsel Tibaijuka step down fails because Regulation 9 of the Advocates (Professional Conduct) Regulations only requires an advocate to abstain from representing a party if he is listed as a witness or has reason to believe he will be required to give evidence. In this case, Counsel Tibaijuka was not listed as a witness by either party, and the intention to call him as a witness was speculative and not grounded in the pleadings. The law, as interpreted by the Supreme Court and other authorities, provides that the advocate must make a personal choice if he finds himself…

Source excerpt

• Advocate Conflict Of Interest
• Regulation 9 Advocates Regulations
• Witness Listing Requirements
• Removal Of Caveat
• Authorship Of Documents

Bonus Kazooba v Levi Tugume

Bonus Kazooba v Levi Tugume (Civil Suit No.143 of 1993) (Civil Suit No.143 of 1993) [1999] UGHC 20 (15 July 1999)

Court

High Court of Uganda

Case number

Civil Suit No.143 of 1993

The court found that Mr. Muhwezi, as company secretary, was not likely to be called as a witness by either party, and even if he were, the rule prohibiting an advocate from acting as both counsel and witness is not violated until the advocate is actually called as a witness. The preliminary objection was not specifically pleaded in the plaint or counterclaim, thus taking the defendant by surprise and contravening Order 6 Rule 5 of the Civil Procedure Rules. The authorities cited by the plaintiff were distinguishable, as Mr. Muhwezi was not a party to the suit and had no personal interest. The…

Source excerpt

• Advocate Conflict Of Interest
• Company Director Disputes
• Pleadings And Objections