Lumonya, Bushara & Co. Advocates

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03/03/2023

The judges observe that the petitioner had the option of wedding from other churches

26/01/2023

President Museveni appreciates BKK officials

President Museveni yesterday hailed Ugandan scientists that technically advised the government about the decisions it made about the oil industry.

The officials include the BKK chairperson of the Royal Commission Omujwarakondo Dr Kabagambe Kaliisa Ateenyi and the BKK Prime Minister Owek Andrew Byakutaga Ateenyi.

The two officials are Petroleum geologists who were among a team of Ugandan scientists the President supported to study oil.

The Premier participated in initial surface geological mapping studies to determine the petroleum potential of the Albertine basin while Dr. Kaliisa not only participated in geological studies but led several technical studies which among others included developing the legal, policy and institutional frameworks that are governing the oil sector today. He among others served as a Project Coordinator of the Petroleum exploration and production performance which would later become a department where he was a commissioner and later a director. He also served as a permanent Secretary in the ministry of energy and mineral development. He is currently a Senior Presidential Advisor on oil and gas.

Speaking shortly after commissioning the drilling of Kingfisher oil field, the President said a few days after capturing power in 1986, officials from Shell BP approached him seeking to sign oil deals with Uganda.

The President said he turned down the offer because at that time, Uganda did not have technical people to advise government about the oil industry.

He instead sent a team of Ugandan scientists abroad for oil studies and after completing their studies, they advised the government on the decisions it has made about the oil industry.

The President appreciated the scientists and all stakeholders who have supported Uganda's oil projects.

BKK has been among the stakeholders that have supported oil developments. The Kingdom has given warm reception to oil investors and undertaken some joint programs with government and oil companies to support oil programs.

The Kingdom is an advocate of oil companies enhancing training, business opportunities and corporate social responsibility projects for the people of Bunyoro Kitara.

Some individuals and companies in Bunyoro have benefited from local content opportunities although the Kingdom is lobbying government and oil companies to increase on benefits people of Bunyoro are getting from oil as a community hosting commercial oil reserves for the country.

According to the Executive Director of the Petroleum Authority of Uganda (PAU), 92 contracts totaling to US $1 billion have been approved by the Authority for the Kingfisher project since announcement of the final investment decision in February 2022. Out of these, contracts worth US$ 270 million have been awarded to Ugandan companies mainly in areas of civil works, hospitality management, transportation and ICT.

The commissioning of the Kingfisher drilling exercise was attended by the Vice President, ambassadors of China and Tanzania, cabinet ministers, MPs, senior technocrats, district leaders, security chiefs, the clergy, members of the business community, opinion leaders, oil investors, journalists among others.

The Kingfisher Development Area is operated by China National Offshore Oil Corporation (CNOOC), one of the largest oil and gas companies in Uganda’s energy sector.

According to the Petroleum Authority of Uganda, the oil and gas resources that have been discovered in Uganda to date, are close to 6.5 billion barrels in place in the Albertine Graben. Out of the 6.5 billion barrels, we expect to recover about 1.4 billion barrels, at a peak production rate of about 230,000 barrels per day.

The Kingfisher Development Area located South of Lake Albert in Kyangwali Sub-county, Kikuube District covers an area of approximately 344 km2. The Buhuka flat area where the Kingfisher oil field is located, has eleven (11) villages.
ENDS

19/01/2023

WHAT YOU NEED TO KNOW ABOUT THAT KIBANJA YOU ARE 'EYEING'

1. You need an 'introduction' before you can buy it.
Land rights are called interests in law. What this means is that on a kibanja, there are two interests. The interest (rights) of the "kibanja" holder and the interests (rights of the landowner). A "kibanja" owner is (for lack of a better word) a secondary owner. This means that the original landowner always has stronger interests in that land.

What this means for you, the buyer, is that the "kibanja" seller must inform the land owner about you and introduce you to them before they can buy the "kibanja". If this does not happen, you may have bought 'air'.

2. Say hello to "Busuulu"
If you have ever rented a house, shop, or anything, you should know about the payment of rent. In the same way, "Busuulu" is the rent for a "kibanja".The "kibanja" holders must pay Busulu every year to the landowner (landlord).

Once upon a time, it was as little as 1,000 shillings, but now, it must be agreed to between the landlord and the "kibanja" holder based on the existing market prices.

3. You may be sold by the landlord.
As a tenant in a "muzigo" (rental), it is likely that a landlord will get into problems and have to sell the house putting you under new management. This could either go well or badly for you, the tenant.

Kibanja is like that. A landlord can sell their entire interest (rights) in the land, which means you get a new landlord. The good news is that your rights as a "kibanja'' owner will remain intact, but you will now have to start dealing with the new landowner.

Have we left out anything unique you think someone needs to know about? Let us know in the comments.

📷: Real Mulodi

18/01/2023

ARE YOU PLANNING TO OWN LAND THIS YEAR? THIS IS FOR YOU!

Have you ever heard of a leasehold property?

The laws of Uganda allow any person to own land in Uganda, but this ownership means different things because of who you are and the type of land you get.

If you are allowed to use and occupy a piece of property for a certain amount of time (like 99 years), then this type of ownership is known as a Leasehold kind of ownership. (Simply put, it will be as if you are renting that land from the original owner).

The laws of Uganda allow for this type of land ownership, and for those years you are allowed to use and occupy that piece of land /property, you will be known as the owner. When this time elapses or expires, the land will return to the original owner. (In law, we say your lease has expired).

So who is a leasehold property for?
Well, if you're not ready to commit to permanent ownership, or you want to do some developments temporarily, but you do not intend to keep the property for good, or if you don't have the money to buy the property outright, a leasehold property can be a good option. It's also a good choice if you only plan on living in a particular area for a short period, as you won't have to worry about selling the property when you move.

In addition, if you are not a Ugandan citizen, the law does not allow you to own the land outright (permanently), so this may be one of the easiest ways to own property in Uganda without paying monthly rent.

If you have any questions regarding the law, please feel free to contact us through our Facebook inbox, email [email protected], Twitter or WhatsApp us on 0785824078. You can also call us on 0392177405/ 0755149984/ 0800220000(toll-free)and speak directly to a lawyer

18/01/2023

HOW TO PROTECT UNTITLED LAND.

As we may all be aware, not all land is titled such as customary land. The only proof of ownership is an agreement to buy this land,’’endagaano’’. Here are some of the ways you can protect this land from being stolen:
1. Utilizing the land and not leaving it dormant without any structures or caretakers.
2. Informing local leaders such as the LC with proof of land ownership.
3. Placing visible placards or building on the plot. Informing the people that the plot is not for sale and who to contact in case of inquiries. We have all seen posters saying, ‘’this plot is not for sale or this is family land and is not for sale.’’

We suggest that, if possible, register and get a title for your land, as the law states that a land title is an unquestionable proof of land ownership.

If you have any questions regarding the law, please feel free to contact us through our Facebook inbox, email [email protected], Twitter or WhatsApp us on 0785824078. You can also call us on 0392177405/ 0755149984/ 0800220000(toll-free)and speak directly to a lawyer

📷: The Legal Reports

05/07/2022

49th Graduation Ceremony loading....
The hybrid function will take place on 29th July, 2022. Congratulations our dear graduands👍

04/07/2022

Important notice!

24/06/2022

WHAT HAPPENS IF A PERSON MISMANAGES THE PROPERTY OF THE DECEASED?

It has been 12 months since Mabirizi passed away and left his property undistributed. In that time, Muvubi has bought 3 new boats, a motorcycle and has married 3 wives. Mabirizi’s children and wife have been living off the mercy of the other relatives but his widow wants to know what to do about Muvubi is wasting their property.

WHAT DOES THE LAW SAY?

The law says that no one should deal with the property of a person who has passed away unless they have authority either from the will of the deceased or from a court order allowing them (This can be a probate (when there is a will) or letters of administration (if there is no will)).

However if someone does go ahead and make use of the property of the deceased without a court order, then the law will look at person as committing an illegal act. (This is called intermeddling). On the otherhand, if the person has authority to deal with the property and still misuses the property, this person is now required to also compensate the family for the misused property.

📷:Unsplash

24/06/2022

CAN YOU BE AN ADMINSTRATOR OF THE ESTATE OF A DECEASED UGANDAN PERSON IF YOU ARE NOT RESIDENT IN UGANDA?

As the eldest surviving daughter to her parents, Nansubuga believed that she would be their heir and be responsible for their property as well. However since she has just started working in Dubai, she cannot come back to Uganda for another 2 years. So she is wondering if the courts will allow her to be the one in charge of managing her deceased parents' property which is in Uganda.

WHAT DOES THE LAW SAY?

By law, if a person dies without a will, the court must give authority to someone to manage and distribute their property. This person must be a ‘fit and proper’ person for carrying out the duties of an administrator of the estate (This is what the person who manages and distributes property of the deceased is called).
Simply put, ‘fit and proper’ means that a person must be able to show integrity, be reliable and honest and able to carry out the duties required of him/her. In terms of being an administrator, a person needs to be able to carry out some tasks such as locating the property of the deceased, calling meetings of beneficiaries, collecting debts and paying debts among others. Some of these duties may be difficult if a person is not within the country unless they can show court that they are able to fulfil all these duties and there is no one in the country that is equally able to do so.
In addition, the court also requires the physical presence of the person who is applying for the letters of administration. This may be a requirement that the court could remove or adjust based on circumstances presented to it.
What do you think, should a person who is living outside Uganda be allowed to manage property in Uganda on behalf of beneficiaries when someone passes away? Let us know in the comments below.

📷:Unsplash

14/06/2022

WHAT HAPPENS TO YOUR SPOUSE’S PROPERTY IF YOU ARE SEPARATED AND THEY DIE?

Matovu had the worst luck when it came to relationships despite being a wealthy man. He had been married 6 times and each time the wife leaves him. The last wife said “Omuffu webigyere”. Malisa told him “Endiga yamutomela”(All these meaning that he might be inadequate in the bedroom). Samali left him because he would get angry when men smiled at her and he had become cruel towards her. The others simply left and got married elsewhere. After his last wife left him, he simply died of a broken heart without leaving a will and now Samali, wife number 4 and Malisa have come for their share of his property.

His brothers have sworn that they will rather die than let these ‘traitors’ touch their borther’s property.


WHAT DOES THE LAW SAY?

When a married couple separates from another (we mean they are still married but living apart) and one of them dies, the law looks at who was at fault to decide if the surviving spouse is entitled to get inheritance from the property of the deceased’s spouse.

If the surviving spouse was responsible for the separation then the law says that they are not entitled to benefit from the estate of the deceased

However, if the separation was due to the fault of the deceased spouse, then the law allows the surviving spouse to benefit from the property of the deceased spouse as if they were still together.

However, even if the spouse who is still alive is the one who left, they can ask the court to declare that they are entitled to the inheritance as a spouse.

📷:Unsplash

14/05/2022

The was declared as discriminatory in terms of s*x and did not accord equal treatment in the division of property between male & female.

The Succession Act Cap 162 was challenged in Const.Petitions Nos. 13/05 & 05/06.

Know more about the newly amended act;

🔺 Substitutes discriminatory words;“a married woman or woman”to spouse;“man” to“person” & inserts immediately after the word “his” to“or her”,“father” adds“or mother”,“son” adds“or daughter”.
🔺 Provides that either parent of a minor may,by will,appoint a guardian for the minor.
🔺 Replaces phrases like dumb, deaf, blind, or lunatic and replaces them with suitable terms like person with a hearing impairment, physical impairment, speech impairment, visual impairment, and person with a mental illness or mentally impaired person.
🔺 Any person who,before grant of letters of administration or probate,misapplies the estate of a deceased and subject sit to loss or damage commits an offence and is subject to a penalty under the Bill.
🔺 Introduces a requirement for the consent of spouses and lineal descendants prior to disposal of estate property by administrators.
🔺 Adds other factors that make a will void,as to include fraud,undue influence,duress,coercion, mistake off act,or abuse of position of trust or vulnerability rather than just fraud or coercion under the law.
🔺 Clause 17, the most contentious, related to the right of divorced wives to stake a claim to the estate. The new legislation now says a woman, whether divorced, has a claim to the estate, especially on things achieved while the marriage subsisted.
🔺 Clause 31 now means all witnesses will write their names and sign against every page of a will, for it to be valid in law, giving it an extra fool-proof layer.

What a win for all the women's rights advocates who seek to protect the rights of women in Uganda 💪

Alutta Continua ✊

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