What is the Meaning of a Sworn Statement?

sworn statements

Sworn statements refer to documents which contain facts that are relevant to a legal proceeding.

Affidavits, as we have written HERE, HERE, and HERE are a subset of sworn statements. However, not all sworn statements not have to be commissioned or notarised. Instead, the person making the statement signs a paragraph at the end of the document acknowledging that the facts as stated are true according to his knowledge. Continue reading “What is the Meaning of a Sworn Statement?”

5 Tips for Effective Examination on Affidavits

examination on affidavits

When a law suit is filed in court, usually, witnesses are called to give their testimony. Testimony can be contained in a witness statement, or in an affidavit. We have previously written about affidavits HERE and HERE.

When a witness swears an affidavit to be relied on as testimony in a court of law, sometimes, he or she may be called to be cross-examined on that affidavit. Continue reading “5 Tips for Effective Examination on Affidavits”

Examining affidavits in Civil Procedure Law of Uganda

affidavits in civil procedure in Uganda

Affidavits are statements of truth that confirm the existence of certain facts in any case. Our jurisdiction relies so much on affidavits that without one, Court will dismiss the case if an affidavit is not filed in a suit that requires one to be present.

A person who swears and affidavit is called a deponent, affiant etc. depending on whatever jurisdiction. Uganda prefers to call them deponents. Continue reading “Examining affidavits in Civil Procedure Law of Uganda”

The Meaning of Liability in Auto Mobile Accidents

accident

The hammer falls and the aging judge says, ‘I find the 2nd Defendant liable for the accident that caused the death of the minor [….] and I hereby sentence the 2nd Defendant to….’

‘Counsel, please translate for me’, client A.K implores me to help him.

I figure that he wants me to interpret to him the meaning of the term liability and whether or not Continue reading “The Meaning of Liability in Auto Mobile Accidents”

Theories and Objectives of Punishment

punishment

What is punishment?

Punishment is the infliction of pain or loss upon a person for a transgression of a law or command. Punishment takes different forms which include: imprisonment, fines, capital punishment, flogging, and forced labour.

Historically, punishment was retributive, and its prosecution was left to victims and their families. Punishment was unproportionate to the character and gravity of crime. Eventually, the need for proportionate punishment arose in society, and that is where we see biblical statements like “an eye for an eye”. Continue reading “Theories and Objectives of Punishment”

Marital Rape As An Offence: Uganda’s Position

marital rape

A workmate recently asked me about marital rape and whether or not it was a crime to have non-consensual sex with one’s spouse. I gave him my polite opinion (a liberal opinion). Little did I know that one of our dear readers would inquire about the same this week!

Scenario 1

Stella, a new mother is nursing labour wounds. Her husband, James, forces her to have sex two days after labour and her surgical stitches tear. She is referred to hospital for re-stitching. Continue reading “Marital Rape As An Offence: Uganda’s Position”

Citizen Alert: Government approves the Roads Amendment Bill, 2017

Roads Amendment Bill 2017

On 5th March, the cabinet of the Government of Uganda approved the Road Amendment Bill of 2017 and agreed that it would amend the Roads Act to allow individuals and private firms to construct, maintain and collect road charges for roads they have funded/constructed.

A little history on the law regarding roads in Uganda reveals that only the government had responsibility and preserve to construct roads in the country. Accordingly, and for long, only the government had the right to collect revenue from parking, designated public road projects as well as issue licenses and permits to firms to help government collect this revenue. Continue reading “Citizen Alert: Government approves the Roads Amendment Bill, 2017”

Who Has the Right of Way on Uganda’s Roads?

Right of way

Sometime in January, a well-learned and respected retired former Supreme Court Judge, Hon. Justice George Kanyeihamba was involved in a verbal altercation with another road user whom the former judge’s driver had collided with. It was such a sight when the keeper of the law was filmed uttering uncouth words to the motorist whose car was affected by his driver. The press had a field day.

It is not unusual for motorists to collide and exchange blows, business cards or liability. Continue reading “Who Has the Right of Way on Uganda’s Roads?”

Basic Road Laws Motor Vehicle Operators Must Know in Kenya

Road Laws in Kenya

The arm of the law is long. It reaches in almost all places, it touches every aspect of governance, resource utilization and every venture. The long arm of the law even regulates matters regarding use of roads. In Kenya, below are some of the basic road laws that affect motor vehicle operators.

Keep left

As a principle, in Kenya, operators of motor vehicles must drive on the left side of the road. It is commonly stated as “keep left”. Continue reading “Basic Road Laws Motor Vehicle Operators Must Know in Kenya”