Application of the common law doctrine of equity in the Ugandan legal system
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Date
2013-09
Authors
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Publisher
Kampala international University, School of Law
Abstract
The study basically introduces equity as a law and its application in the Ugandan legal system. Equity was first introduced in Uganda through the Reception clause of the 1902 Order in Council which formalized colonial rule in Uganda and was the fundamental law of the protectorate.
Equity later through its constant use and adoption was promulgated m the Judicature Statute and currently still in existence in the Judicature Act Cap 13 which Act was commenced with the spirit to consolidate and revise the Judicature Act to take into account the provisions of the constitution relating to the judiciary.
The researcher arrived at the findings of the study through desk researching which included reading of already available information about the topic, internet, textbooks and any other literature available.
The study further narrowed down to equity application m Uganda with specific reference to the constitution 1995 as Amended, the Statutes and case law on the same to find out how it is applied and the challenges it faces as a law applicable in Uganda and how effective the loopholes or lacunae can be remedied.
With regard to the application of equity in Uganda, two cases stand out; Attorney General Vs David Tinyefunza and Uganda Association of Women Lawyers Vs Attorney General which highlighted and gave an effect on the development of constitutionalism in Uganda as both courts that is the Constitutional and Supreme observed that the Constitution is the supreme law and can wipe out rules of court by rendering them void for being inconsistent with any of its provisions.
Furthermore, they highlighted the trend that the court chose to take with regard to procedural rules against substantive justice, the trend that procedures can be compromised to deliver justice as the constitution is meant to safeguard rights and not procedure.
Description
A Dissertation Submitted to the School of Law in Partial Fulfillment of the Requirement for the Award of Bachelors of Laws Degree of Kampala International University
Keywords
Common law doctrine, Equity, Ugandan legal system