Benson & Deklerk Advocates

27/02/2023

Legal Alert: Coomputation of time to file and appeal

13/10/2022

02/10/2022

Operationalization of the new High Court Circuits.

07/09/2021

Money lenders take note

26/06/2021

Can a court after granting, cancel, revoke or a null letters of administration?
Answer
Yes, the court under the Succession Act Cap 162, may after granting letters of administration to a person or persons, cancel, revoke or a null them for just cause.
1. That the proceedings to obtain the letters were defective.
2. That the letters of administration were obtained fraudulently or by concealing some material information. Eg leaving out a child of the deceased or property.
3. That the letters were obtained by means of an untrue allegation of an essential fact. Eg pretending to be relative yet not.
4. That the letters have be com useless and inoperative in circumstance. Eg where the holder has died.
5. That the person to whom the letters were granted to has failed to present an inventory or presented a false one.
Any beneficiary in the estate may apply to court to cancel/ revoke the letters of administration and if proved the letters shall be canceled, revoked or annulled.

24/05/2021

Housing Finance Bank V URA Civil Appear No 22 of 2012, Court of Appeal and Supreme Court don't have the Jurisdiction to handle appeals from the High Court on decisions of the Tax Appeals Tribunal. That the High Court is the highest appellant Court.

04/05/2021

Molly Turinawe & 4ORS V Eng Ephraim Turinawe & Anor SCCA No 10 0f 2018. The supreme court held that;
A. Mere registration on the title is not conclusive proof of ownership, the circumstances that led to the transfer must be investigated as justice demands.
B. Merely being a spouse is not sufficient to create an interest in land , the land must be owned by a person named as proprietor and the family of that Person must be deriving sustainable income from the land.
C. A rented property doesn't qualify as family property with the meaning of the Land Act Cap 227.

13/03/2021

In Hilder Wilson Namusoke&3ors v Owalla's Home Investments Trust Ltd civil appeal no 15 of 2017 SCU, it has been held that the commissioner of land registration doesn't have power to cancel title on ground of fraud, the reasoning was that the fraud is serious in nature that must be specifically pleaded and proved in the courts of law.

30/03/2018

Human progress is neither automatic nor inevitable, every step towards the goal of justice requires sacrifice, suffering and struggle, the tireless exertions and passionate conviction of dedicated individual.

22/03/2018

Who is a refugee?
A refugee is a person who owing to well founded fear of being prosecuted for reasons of race, religion,nationality member to a particular society or group is outside the country of his nationality not willing or unable to return to his home country.

What are the rights of refugees?
They have a right asylum, prohibition from forced return, right to be treated as nationals, right to exercise their religion, access to courts of judicature, be employed, own personal property among others.
So if one has been wondering why governments care for refugees now know.