Uganda Case Law

Katamba v I.S and L Advocates and Another (Labour Dispute Miscellaneous Application 169 of 2023)

Katamba v I.S and L Advocates and Another (Labour Dispute Miscellaneous Application 169 of 2023) [2024] UGIC 30 (2 April 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 169 of 2023

Judge

Tumusiime-Mugisha, J, Katende, Panel Member, Nyachwo panel member, Bwire, Panel Member

The court found that Regulation 9 of the Advocates (Professional Conduct) Regulations only bars an advocate from acting as counsel in a matter where they are required as a witness. In this case, the applicant failed to demonstrate that S&L Advocates or any of its lawyers are listed or required as witnesses in the main claim. The court further held that the existence of advocate-client privilege between S&L Advocates and MTN (Uganda) Limited protects their communications, and there was no evidence of fraud, crime, or exceptional circumstances to warrant compelling testimony or restraining the…

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• Conflict Of Interest
• Advocate Client Privilege
• Professional Conduct Of Advocates
• Right To Counsel Of Choice
• Independence Of Counsel

Nsubuga & Another v Absa Bank (U) Limited & Another

Nsubuga & Another v Absa Bank (U) Limited & Another (Civil Suit 716 of 2020) [2024] UGCommC 43 (15 February 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 716 of 2020

Judge

Tumusiime Rubagumya, J

The court sustained a preliminary objection and disqualified the plaintiffs’ counsel and firm because counsel was a potential witness to disputed meeting minutes.

• Professional Conduct Of Advocates
• Conflict Of Interest
• Legal Representative Disqualification
• Admissibility Of Evidence
• Advocate-disqualification
• Potential-witness

Opiyo Otiiti v Nyeko and 2 Others (Misc Cause 13 of 2022)

Opiyo Otiiti v Nyeko and 2 Others (Misc Cause 13 of 2022) [2023] UGHCCD 263 (12 September 2023)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause 13 of 2022

Judge

Okello, J

The High Court dismissed a human-rights complaint against three State Attorneys, holding they were only representing clients and owed no special duty to the applicant.

• Right To Fair Hearing
• Judicial Immunity
• Professional Conduct Of Advocates
• Abuse Of Process
• Right-to-fair-hearing
• Professional-conduct-of-advocates

Muwonge v Musoke & Another

Muwonge v Musoke & Another (Miscellaneous Application 42 of 2022) [2023] UGHC 386 (7 September 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 42 of 2022

Judge

Katamba Nkwanga, J

The High Court of Uganda at Masaka dismissed an application to set aside dismissal of a suit after finding the supporting affidavit was fatally defective.

• Setting Aside Dismissal
• Affidavit Validity
• Professional Conduct Of Advocates
• Setting-aside-dismissal
• Affidavit-validity
• Advocate-professional-conduct

Krishna v Ssazi and Another

Krishna v Ssazi and Another (Miscellaneous Application 132 of 2023) [2023] UGIC 59 (16 August 2023)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application 132 of 2023

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The Court found that the Respondents were evasive and that ordinary service could not be effected. Attempts to serve both the Respondents and their Counsel were unsuccessful, and Counsel had not formally withdrawn from the record as required by professional conduct regulations. The Court was satisfied, based on the affidavit evidence, that substituted service was warranted. Enlargement of time was deemed unnecessary as the Respondents had previously filed a defence and appeared in Court. The application for substituted service was granted, with directions for service through a newspaper of wi…

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• Substituted Service
• Service Of Process
• Court Inherent Powers
• Professional Conduct Of Advocates

Ms Quality Uganda Limited T/a Quality Supermarket v Uganda Performing Rights Society (UPRS) and 4 Others

Ms Quality Uganda Limited T/a Quality Supermarket v Uganda Performing Rights Society (UPRS) and 4 Others (Civil Suit No. 444 of 2019) [2021] UGHCCD 165 (16 December 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 444 of 2019

Judge

Boniface Wamala, J

The court found that the Plaintiff's objection based on Regulations 9 and 10 of the Advocates (Professional Conduct) Regulations was not made out, as there was no fiduciary relationship between the Plaintiff and M/S Ligomarc Advocates, and the regulation concerning advocates acting as witnesses applies to individuals, not the entire firm. However, the court held that the real issue was the impropriety of a law firm acting as both party/litigant (through its appointment as Caretaker Manager and nomination of partners as agents) and advocate in the same contentious matter. This dual role would…

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• Conflict Of Interest
• Professional Conduct Of Advocates
• Fiduciary Duties
• Law Firm Disqualification

Tesfalidet Ghebrat v Marlin Advocates and Another

Tesfalidet Ghebrat v Marlin Advocates and Another (Miscellaneous Civil Application No. 0196 of 2020) [2021] UGCommC 198 (25 March 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application No. 0196 of 2020

Judge

Stephen Mubiru, J

The High Court of Uganda dismissed an application to restrain advocates from acting in a related suit, finding no proven prior retainer or confidential information.

• Conflict Of Interest
• Advocate Client Relationship
• Fiduciary Duties
• Professional Conduct Of Advocates
• Conflict-of-interest
• Advocate-client-relationship

The Kabaka of Buganda and Anor v Magema

The Kabaka of Buganda and Anor v Magema (Civil Miscellaneous Application No. 1301 of 2020) [2021] UGHCLD 8 (29 January 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application No. 1301 of 2020

Judge

Kawesa, J

The High Court refused leave to amend a written statement of defence, finding the proposed changes introduced new facts and would prejudice the respondent.

• Amendment Of Pleadings
• Leave To Amend Defence
• Prejudice To Opposite Party
• Introduction Of New Cause Of Action
• Ownership Of Land
• Professional Conduct Of Advocates

Yunida Traders v UMEME Limited (EDT COMPLAINT 8 of 2013)

Yunida Traders v UMEME Limited (EDT COMPLAINT 8 of 2013) [2020] UGEDT 2 (8 September 2020)

Court

Electricity Disputes Tribunal

Case number

EDT COMPLAINT 8 of 2013

Judge

Cheptoris Silvia - Registrar Electricty Disputes Tribunal

The Tribunal overruled a preliminary objection, holding that a dissolved firm’s successor could file the Bill of Costs despite no formal notice of change being on record.

• Change Of Advocates
• Bill Of Costs
• Locus Standi
• Professional Conduct Of Advocates
• Change-of-advocates
• Bill-of-costs

Byaruhanga Barigye v Tumusiime Kabega and Co. Advocates and Another (Labour Dispute Miscellaneous Application 206 of 2019)

Byaruhanga Barigye v Tumusiime Kabega and Co. Advocates and Another (Labour Dispute Miscellaneous Application 206 of 2019) [2020] UGIC 57 (25 February 2020)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 206 of 2019

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Bwire, Panel Member, Mavunwa, Panel Member, Nyachwo panel member

The court found that Regulation 9 of the Advocates (Professional Conduct) Regulations prohibits an advocate from appearing as counsel in a matter where they are likely to be called as a witness. In this case, Mr. Macdosman Kabega, a partner in Tumusiime Kabega & Co. Advocates and Director of Kampala Cement Co. Limited, was singled out as a potential witness by the Applicant in the main employment dispute. The court held that while the Applicant did not list Mr. Kabega as a witness in the memorandum of claim, there is no legal bar to seeking leave to call additional witnesses. The likelihood o…

Source excerpt

• Conflict Of Interest
• Professional Conduct Of Advocates
• Right To Legal Representation
• Witness Disqualification