Uganda Case Law

Maliam Adekur and Anor v Joshua Opaja and Anor

Maliam Adekur and Anor v Joshua Opaja and Anor (Constitutional Petition No. 1 of 1997) [1997] UGCC 4 (13 June 1997)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 1 of 1997

The court held that the petition did not disclose any cause of action against the Attorney General. The acts complained of—arrest, detention, and prosecution—were carried out by the 1st respondent and the sub-county chief, an employee of Kumi District Administration, which is a body corporate capable of being sued in its own name. The prosecution was private, not by the police or any central government agency. The magistrate who presided over the criminal case was protected by judicial immunity under Article 128(4) of the Constitution, and there was no evidence of any omission or wrongdoing o…

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• Cause Of Action
• Judicial Immunity
• Local Government Liability
• Customary Law Inheritance

Nsubuga and 2 other v Nsubuga and 3 Others

Nsubuga and 2 other v Nsubuga and 3 Others (Civil Suit No. 1081 of 1988) [1990] UGHC 47 (9 May 1990)

Court

High Court of Uganda

Case number

Civil Suit No. 1081 of 1988

Judge

Tsekooko, J

The court found that the will of the late Bishop Dunstan Kasi Nsubuga was validly executed in accordance with the requirements of the Succession Act. The evidence established that the testator was of sound mind at the time of making the will, understood the nature of his act, the extent of his property, and the persons who were the objects of his bounty. The minor discrepancies in dates and details were not sufficient to invalidate the will, as they did not affect the testator's capacity or intention. The court accepted the testimony of the attesting witnesses and found no credible evidence t…

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• Probate And Administration
• Testamentary Capacity
• Validity Of Wills
• Customary Law Inheritance

In Reof the Trusts of the Will of Premji Dhanji; In Re: of the Minor Sons (Trust Cause No. 7 of 1950 (Mombasa))

In Reof the Trusts of the Will of Premji Dhanji; In Re: of the Minor Sons (Trust Cause No. 7 of 1950 (Mombasa)) [1950] EACA 40 (1 January 1950)

Court

East African Court of Appeal

Case number

Trust Cause No. 7 of 1950 (Mombasa)

Judge

De Lestang J

The court held that the Hindu Wills Act, 1870 did not apply to an Esmailia Khoja, so an unwitnessed handwritten codicil was valid under customary law.

• Succession Of Minors
• Validity Of Codicil
• Customary Law Inheritance
• Statutory Interpretation
• Succession-law
• Customary-law