Legal Deposit Collection

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    A treatise to my learned friend the Attorney at Law
    (Marianum Press Ltd, 2020) Lubogo, Isaac Christopher
    More often than not the law is usually argued to be a sworn commitment to asset of absolute fixed ideas within rigidly narrow parameters. The letter of the law is often framed in absolutes, stated in black and white but very often served in shades of gray. We are humans in our weakest moments and perhaps our noblest we are indeed humans, that is why we temper with those black and white absolutes with the aid of jurors (obuntu-bulamu system) in order to humanize our judicial system to render the system fair, compassionate and imperfect. Obuntu-Bulamu is Altruism (a regard for and devotion to the interest of others) our willing to give up selfish self interest for the welfare of others because in the end I am because we are and for some reason I can never be I am I ought to be until you are what your meant to be. Best demonstration of Obuntu Bulamu in our daily lives is best captured in the coin ” a pound of flesh” William shakes pears play Merchant of Venice the character Portia says this line on the instance of shylock, the Jew for the payment Antonios flesh, which is a central point of the play. In Act IV Scene 1 Portia concludes the conflict between shylock and Antonio by saying to shylock, “Take thy bond, take thou thy pound of flesh” In law when something is owed it needs to be paid back at every cost Shakespeare coined this phrase in a figurative way, which refers to a lawful but unreasonable recompense during the 18th century and very much so even now. Here the mention of the flesh suggests vengeful, bloodthirstiness, and inflexible behavior to get back borrowed money (debt). Shylock expresses spiteful penalty from Antonio, and then Portia repeats his lines with a solution in the Act-IV, Scene 1 of shakes pears play merchant of venice: lines 295- 303
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    Obuntu-bulamu and the law : an extra textual aid statutory interpretation tool
    (Jescho Publishing House, 2020) Lubogo, Isaac Christopher
    There is a patriotic obligation on all of us not to allow our Constitution and the idea of respect for human rights and dignity to s1ide into such disrepute. The debate over whether or not Obuntu-bulamu can be translated into a justiciable principle turns not only on the definition one gives to Obuntu-bulamu, but also on how and why Obuntu-bulamu can be considered an 'African' value. Obuntu- bulamu, or something very close to it, appears in most African languages what remains therefore is the complex ethno-philosophical questions of whether or not Obuntu-bulamu actually represents a key ethical principle or ideal in African philosophy generally. In doing so one should be able to realise, at the very least, that the question of 'what is' and 'what can' constitute an 'African' legal philosophy lies at the very heart of this discussion. A related question therefore becomes what role should this African philosophy, including African political and ethical philosophy; play in the development of a constitutional jurisprudence for Uganda. In this book, I construct an ethical principle that not only grows out of indigenous understandings of Obuntu-bulamu, but is fairly precise and clearly accounts for the importance of individual liberty, and is readily applicable to addressing present-day Uganda as well as other societies. To flesh out these claims, I explain how the Obuntu-bulamu-based moral theory I spell out how it serves as a promising foundation for human rights. Although the word Obuntu- bulamu does not feature explicitly in most Constitutions that were ultimately adopted in some countries, my claim is that a philosophical interpretation of values commonly associated with Obuntu-bulamu can entail and plausibly explain this book construal of human rights. In short, I aim to make good on the assertion made by sound Constitutional jurisprudence that Obuntu-bulamu is the 'underlying motive of the Bills of Rights. Note that this is a work of jurisprudence, and specifically of normative philosophy, and hence that I do not engage in related but distinct projects that some readers might expect. For one, I am not out to describe the way of life of any particular people. Ofcourse, to make the label Obuntu-bulamu appropriate for the moral theory I construct, it should be informed by pre-colonial African beliefs and practices (since reference to them is part of the sense of the word as used by people in my and the reader’s linguistic community). However, aiming to create an applicable ideal that has an African pedigree and grounds human rights, my ultimate goal in this book is distinct from the empirical project of trying to project of trying to accurately reflect what a given traditional black people believed about morality something an anthropologist would do. For another, I do not therefore engage in legal analysis, even though I do address some texts prominent in African legal discourse. My goal is not to provide an interpretation of case law, but rather to provide a moral theory that a jurist could use to interpret case law, among other things. I begin by summarizing the Obuntu-bulamu-based moral theory that is developed elsewhere and then articulate its companion conception of human dignity. Next, I invoke this concept of human dignity to account for the nature and value of human rights of the sort characteristic required as a sound Ugandan constitution. I apply the moral theory to some human rights controversies presently facing Uganda (and other countries as well), specifically those regarding suitable approaches to dealing with compensation for claims, and sound policies governing the use of deadly force by the government. My aim is not to present conclusive ways to resolve these contentious disputes, but rather to illustrate how the main objections to grounding a public morality on Obuntu-bulamu, regarding vagueness, collectivism and anachronism, have been rebutted, something I highlight in the conclusion. As with any other system, the Obuntu-bulamu philosophy and the African socio- cultural framework present some challenges. Most of the challenges that are reviewed are based on my experience and my own observation as part of the African community. The findings of other who have researched this and related questions are also referred to accordingly.
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    Freedom through law
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    If the legal system or a particular law is wrong or not good enough, and should be changed: if that is against the law, then the law is an ass – an idiot….said of a law that one thinks is unnecessary or ridiculous. The phrase comes from Charles dickens Novel Oliver twist this opinion was expressed by Mr. Bumble, when he learned from Mr. Brownlow that, under Victorian law, he was responsible for actions carried out by his wife. His words and action vividly convey the extent of his indignation when he apprised of this legal fact, if thatʼs the eye of the law, the law is a bachelor: and the worst I wish the law is that his eye may be opened by experience. (Resonate with changing society) This is the very purpose of this book the law should be seen to resonate with changing society not a dogma for if we fail to do so then to use Shakespeareʼs exact line by the famous plotter of treachery “ the first thing we do, letʼs kill all the lawyers” this was stated by dick the butcher in Henry VI part II, Act IV, Scene II, LINE 73 Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law order, he could become king. Shakespeare meant it as a compliment to attorneys and judges who instill justice in society. It is among Shakespeareʼs most famous lines, as well as one of his most controversial. Shakespeare may be making a joke when character “Dick the Butcher” suggests one of the ways the band of pretenders to the throne can improve the country is to kill all the lawyers. Dick is a rough character, a killer as evil as his name implies like the other henchmen, and this is his rough solution to his perceived societal problem. The line has been interpreted in different ways: criticism of how lawyers maintain the privilege of the wealthy and powerful; implicit praise of how lawyers(law) emphasis added stand in the way of violent mobs; and criticism of bureaucracy and perversions of the rule of law under THE NAME OF DOGMA
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    The executive constitutional mandate. Demystifying the fountain of honor. Presidential powers overreach in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    When a counrty is hurtling towards its destruction merit and intergrity are sacrificed at the Alter of atavisitic ethnic jingoism camofaulegled through processes that are carefully choreographed to hoodwink the casual observers (Prof. PLO Lumumba) In my much coveted book Obuntu Bulamu and the Law: An Extra Texual Aid Statutory Interpretation Tool (Lubogo 2020), I explain how Prof. Oloka-Onyango in Ghosts & the Law, An Inaugural Lecture, explores how the ghosts have infested the law in Uganda concerning, for example, judicial restraint and conservatism. He considers the Political Question Doctrine (PQD) as the essence of the ghost of ex parte Matovu, (in the case of Uganda v. Commissioner of Prisons, ex parte Michael Matovu1 ), which influenced the outcome of most cases which even simply challenged the exercise of executive power. (which this book intends to achieve) Thus, in the case of Opoloto v. Attorney General2 which concerned the dismissal of the then army commander for refusing to execute the order to attack the Kabaka’s palace, the court held that the Ugandan president had inherited the prerogative powers of the British monarch to dismiss at will officers in its service. 3 This is a demonstration of the spill-over of the Western colonial influence on post-independent legal system in Uganda. The author contends that Matovu’s case has found a way of holding the courts ransom in several court decisions. 4 In his judgment in the Tinyefuza case5 in the Supreme Court, Justice Kanyeihamba observed that certain boundaries existed over which the Judiciary should not cross, he however, overruled the decision in Opoloto’s case, arguing that “In this age of modernity, democracy and entitlement to human rights and freedoms, Opoloto’s case can no longer be treated as good law. 6 Prof. Oloka-Onyango (2017) in his book, when Courts Do Politics: Public Interest Law and Litigation in East Africa, considers how courts relate to and are affected by politics such as in the appointment of Judges by the executive. He contends that the present defenders of impartial judiciary would not easily claim that courts have nothing to do with politics. The political operation of the courts, he suggests can be determined by examining where the Judges come from, what they did prior to getting onto the bench, and how they got there. For those that rose through the ranks, their decisions in the lower courts could be examined. For those from academia, a review of their published works could be examined. Such analysis could help determine a Judge’s ideological orientation, what he describes as judicial politics. The author dispels any guarantee of a status quo once a Judge has been appointed, and argues that such orientation and perceived loyalty to the appointing authority was prone to change.
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    Cyber law in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    Cyber law is the law governing the internet and all digital transactions carried out thereon. Cyber law is indeed one of the novel areas of the legal system. This is because internet technology develops at such a rapid pace. Cyber law provides legal protections to people using the internet. This includes both businesses and everyday citizens. Understanding cyber law is of the utmost importance to anyone who uses the internet. Cyber Law has also been referred to as the "law of the internet. Cyber law covers a fairly broad area, encompassing several subtopics including freedom of expression, access to and usage of the Internet, and online privacy. Generically, cyber law has been referred to as the Law of the Internet. Information technology law provides the legal framework for collecting, storing, and disseminating electronic information in the global marketplace. Hence, Cyber law can be considered as a part of the overall legal system that deals with the Internet, E-commerce, digital contracts, electronic evidence, cyberspace, and their respective legal issues. Attorneys practicing in this area of the law represent individuals and businesses from all different industries. They help structure information technology transactions in a way that maximizes the client's economic benefit while ensuring regulatory compliance. A great deal of emphasis is also placed on anticipating potential sources of dispute between the parties to a transaction, and crafting agreements that address these concerns, thereby reducing the risk of litigation.
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    Intelligent design and the African ontological and epistemological aesthetics: A legal philosophical discourse
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    This book introduces the controversy over intelligent Design; introducing some closely related views, such as creationism, theistic evolutionism and naturalistic evolutionism. It deals with the relationship of African jurisprudence and the natural sciences as a complex and controversial issue, it introduces many basic concepts used in the African context and African science discussion, and shows how my own approach of the intelligent design debate builds on these. It analyses the basic ideas and logic of design arguments, as well as setting the stage for further analysis and explores the philosophical and Africanized questions raised by the previous authors, with particular focus ion analyzing critiques of “designer of the gaps” and “naturalism of the gaps arguments.” It focuses further on the intensions between ID and African theistic evolutionism and further analyses the discussion surrounding the problem of natural evil and design arguments it summarizes the philosophical basis of the fine-tuning argument or the problem of natural evil. However, my purpose is into to provide the deepest analysis of fine-tuning or the problem of natural evil to date, but rather to provide an analysis of the intelligent design movement’s particular design arguments and the structure of thought which underlies them in the African way. For this purpose, it is necessary to examine this design argument from a variety of angles, this will make it impossible to see anew connections and intensions that have into been clear in previous researchers. Furthermore, since the issues are linked advancing the discussion requires understanding all of the central issues surrounding design arguments. The breadth of this book is also necessary to demonstrate how philosophical and African innate ideas influence the discussion and what their role is in relation to the empirical arguments. based on my analysis of the arguments used in this book, I have reached the overarching conclusion that there is no philosophical or Africanized jurisprudential silver bullet that could by itself settle the discussion either for or against ID’s design arguments, though philosophical and Africanized reasons can and do influence our beliefs regarding the history of life, evolution and design, such considerations cannot allow us to wholly bypass discussion of the empirical evidence. Opinions about the designedness (and undesignedness) of the cosmos are in practice formed in a complex interplay of many influences, including empirical, philosophical, theological and psychological factors, among others. (The theological and philosophical side of Intelligent Design is also very important for the movement itself, even though this side of the movement is not mentioned in the CSC’s definition. It is possible that the omission is made for the strategic reason that emphasizing the theological side of ID’s project could make it more difficult to get a hearing for ID’s empirical arguments in the secular media and public schools.) The discussion ion ID often impinges on fundamental theological and philosophical questions regarding the relationship of science and religion, the ultimate character of reality and how beliefs are justified. There are many interesting philosophical issues to analyse in design arguments, and the argument’s logical structure needs to be clarified. The evaluation of the current state of natural science is not necessary for this kind of philosophical work, Philosophical and theological differences strongly influence the different views about the rationality of design arguments, and not acknowledging their important role on all sides would lead to a misleading representation of the debate.
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    The law of penology and criminology "I can’t breathe" : a legal philosophical appraisal of the need to hamornize the law in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    “If a law is unjust, a man is not only right to disobey it, he is obligated to do so as a test of legal validity, any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority “Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless.” ~ Isaiah 10:1 Recent developments in the law have occurred against a background of mounting public anxiety about violent street crime. Leading politicians have proclaimed crime a priority rivaling even inflation and defense. As the sense of urgency intensifies, the desperate search for answers quickens. Virtually every day, a politician, editorial writer, or criminal justice professional offers a new prescription for ending crime. I believe the discussion currently raging over justice issues can best be understood by focusing upon a central question: Must we compromise the most basic values of our democratic society in our desperation to fight crime? I have elsewhere considered the implications of this question for issues of criminal responsibility and for policy choices in the administration of justice. In this book, I will examine the ways in which different answers to this fundamental question can affect the development of legal doctrine, particularly with respect to the constitutional rights of those accused of crime. Proficiency in law involves a number of different skills and competencies. It requires knowledge of the rules wherein the elements of criminal offences are to be found. It requires knowledge of the rules of evidence and procedure. It requires an ability to identify the rule(s) applicable to a fact situation and to apply them logically and coherently. Attaining these latter competencies is necessary to discharge effectively the day-to-day tasks of a criminal lawyer solicitor, advocate or judge. However, true mastery requires something further. It requires also a critical and evaluative attitude. The law in action is not just a matter of doctrine , it has its purpose that is the delivery of justice and criminal justice which are a contingent outcome in which rule, process and context all play their part. It is not simply a logical description of what happens when rule meets (prohibited) event. Understanding the law requires, therefore, an appreciation of the day-to-day workings and constitution of the criminal justice system. Moreover, it requires an understanding of the resources of the criminal law to produce substantive justice. If the mechanical application of a given rule to a fact situation acquits a dangerous or wicked person, or convicts someone neither dangerous nor blameworthy according to ordinary standards, the law may be considered not only ‘an ass’ but as confounding its own rationale. Understanding this “I CAN’T BREATHE” A LEGAL PHILOSOPHICAL APPRAISAL. rationale is also, therefore, a necessary preliminary to understanding the law itself since it will inform a realistic appreciation of what can be argued and what cannot. At its most basic, to know what the law is may require an understanding of how to produce cogent and principled arguments for change. This book seeks to examine the rules of the law in an evaluative context. It concerns itself with what makes a crime, both at a general theoretical level and at the level of individual offences. It addresses what the law is and, from the point of view of the ideas, principles and policies informing it, also what it ought to be. We will explore some general matters which will help to inform such an evaluative attitude, the principles and ideas informing decisions to criminalize will be considered. What is it, say, which renders incitement to racial hatred a criminal offence, incitement to sexual hatred a matter at most of personal morality and sexual and racial discrimination a subject of redress only under the civil law? This book examines punishment and the theories used to justify it. Although this is the subject-matter of its own discrete discipline, namely penology, some understanding is necessary for the student of law. It provides a basis for subjecting the rules of criminal law to effective critical scrutiny. If we have a clear idea of why we punish, we are in a position to determine, for example, what fault elements should separate murder from manslaughter, or indeed whether they should be merged in a single offence. Without such an idea our opinions will, inevitably, issue from our prejudices rather than our understanding. Individual offences themselves are covered and although elements of these offences vary, they have certain things in common. In particular, they require proof of some prescribed deed on the part of the offender unaccompanied by any excusing or justifying condition, together with a designated mental attitude, commonly known as guilty mind. Since this model of liability (conduct–consequence–mental attitude–absence of defense) is fairly constant throughout the criminal law these separate elements and the ideas informing them will be explored in before we meet the offences themselves, so as to avoid unnecessary duplication. Finally, we will examine how criminal liability may be incurred without personally executing a substantive offence, whether by participating in an offence perpetrated by another or by inciting, attempting or conspiring to commit a substantive offence. Before tackling these issues we will, examine some general issues pertinent to understanding the law and its operation, concentrating, in particular, upon the philosophy, workings and constitution of the justice system.
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    The law of oil and gas in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    The history of petroleum from 1859 up to about 1960 is inseparable from that of the big oil companies which formed and grew rapidly in order to seek, produce, transform, transport and sell this precious liquid. The first company to become very large in the oil sector belonged to John D. Rockefeller. He initially headed up a wholesale business, one of whose products was petroleum, and built the first refinery in Pennsylvania, then a second, progressively extending his activities to cover the entire range of activities of the burgeoning petroleum industry. He acted according to a number of simple but effective principles: control the various links in the petroleum chain (storage, refining, transport, distribution infrastructure) and ensure that they operate at minimum cost. Rockefeller eschewed production, which he considered anarchical, preferring to buy in his crude, which was then available on the market at a very competitive price.
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    The law of sports and entertainment in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    Sports can be defined as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. According to the Oxford Dictionary, sport is an amusement, diversion, fun, pastime and game. Sports have been differentiated from games on the basis of the high physical skill factor they involve, and a sociologist has defined sport as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. Others define, sport, as a combination of physical and mental activity, governed by a set of rules or customs with social, educational and cultural dimensions. According to Bellis Mary, the documented history of sports goes back to at least 3000 years. In the beginning, sports often involved preparation for war or training as hunters which explain why so many early games involved throwing of spears, stones and rocks and sparring one on one with opponents. The physical activity that developed into sports had early links with ritual, warfare and entertainment. As far back as the beginning of sport, it was related to military training. For example, competition was used as a means to determine whether individuals were fit and useful for services. With the first Olympic Games in 776 BC that included events such as foot and chariot races, wrestling, jumping, discus and javelin throwing the ancient Greeks introduced formal sports to the world.
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    Law of forensics : a proof beyond the shadow of doubt
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    Everything is a self-portrait, a diary, your whole drug history’s in a strand of your hair. Your fingernails the forensic details the lining of your stomach is a document. The calluses on your hand tell all your secrets. Your teeth give you away. Your accent, the wrinkles around your mouth and eyes, everything you do shows your hand. (Chuck Palahniuk) This book gives an understanding of the application of forensic sciences to the law. It covers the crime scene investigation process, and provides an overview of the various kinds of forensic evidence that may be collected and presented in court. Points out the identification, documentation and collection of physical evidence, including fingerprints, shoe impressions, hair fibers, firearms evidence and questioned documents, It considers biological evidence, including DNA, and tries to analayze the scientific unimpeachablity of DNA, blood spatter and other fluids, forensic anthropology and odontology. Finally, the book engages fire investigation and forensic accounting. It is designed to provide a foundation in the field of criminalistics to who are interested in the use of science and law to solve crime, and considers the impact of television and other media on the field of Forensic Science and the courtroom.
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    Law on professional malpractice in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    Professional malpractice refers to negligence or misdeeds by many professionals such as doctors, dentists, chiropractors, optometrists, nurses’ architects, engineers. Professional misconduct seems to be a topic in daily news headlines. Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on lawyers, pastors, judges, accountants and engineers, traditional medical practitioners, doctors and all other experts to perform their jobs prudently. They are entrusted with the sacred duty of preserving virtues of life, promoting justice for the oppressed, protecting health, offering penance to those who repent. However, these people instead act contrary and thus the term Professional misconduct. States governed by their various laws provide solutions to the violations conducted by these professionals. The law of Professional Misconduct aims at addressing professional negligence, creating a forum for redress mechanisms, promoting accountability, fostering patient safety and providing quality services. Meaning of Professional. The word Professional means practicing of a learned art in a characteristically methodological, courteous manner.1 It should be noted and recorded that every profession is guided by a code of conduct of ethics and headed by an overall or regulatory body. The conduct of conduct sets the standard of minimally accepted conduct within their profession. They act as a guide to ensure right and proper conduct in the daily practice of the profession.
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    Exorcising the inexorcible Buganda Ghost
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Buganda just like the Zulu kingdom was abuetiful, organized centralized state, infact so orgnised was it that it had the best naval army around the Lake Victoria, it had acentral head figre in form of the Kabaka, a person who wielded a lot of authority in this kingdom that has been exixtent for over 700(Seven Hundred years) In his interview1 with prof. Afuna Adhula, seasoned scholar Mahiri Balunywa argues that Prof Mukandala (2003) described Kings as stationary bandits. He argued that Kings were individual actors who usurped people power, property and all the factors of production. They suppressed the weak, dominated them and forced them into submission. The subjects became providers of wealth and all the basic necessities to the Kings. Thus, Kings became stationary bandits to grab whatever they wished. Mukandala said the other category of bandits are the roaming bandits. These once in a while raid the wealth and properties of the weak, which they amass and then start boasting that they are rich. That is what Marx and Angels describe as "Primitive accumulation of wealth". Today we call them kleptocrats. in scholarship we respect all shades of thoughts, whether this is true or not perphaps the better question is how did Kings acquire wealth and acquire properties, including land, since they don't work? Where do they get power to dominate the weak? These people historically have imposed themselves onto the subjects and coined theories to justify their hegemony. There seems to be some grain of truth in what he says. However, we need to distinguish between divine Kings and Earthly Kings, One would argue that “Divine Kings” If there is any thing like it were crowned by God with a special message to humanity. They never ruled but managed society on behalf of God. The few moments they attempted to go contrary to God's mission, God dethroned and punished them. Earthly Kings fabricated theories of indispensability, royalty and heredity. Our current Kings to the centrally are more of business entrepreneurs and the chiefs they appoint are more of agents of primitive accumulation of wealth. On this note Vaughan (1980) argues that in some societies king’s ascent to Kingdoms through slaying previous kings. He says there two accepted ways in which Kings are made or replaced. First, through institutional regicide. Second, through ritual regicide. Institutional regicide is when members of society accept the leader as King. Ritualistic regicide is where the King accepts his fate and descends from the throne.
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    I so pray, my Lord: “Legal practice demystified”
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    This book covers sections on trial advocacy, accounting, management skills, taxation and professional conduct in Law
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    Legal Personhood of Artificial Intelligence
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    With the rise of AI, artistic creation of content is no longer a purely human enterprise. Currently works made by AI are considered to be computer assisted or aided works and copyright/patent right is vested in the human being who uses Al as a tool. However, questions have arisen as who owns the copyright/patent right in AI-generated works where there is no human input. Is it the inventor of the AI? The owner of the AI (Who may not be the inventor)? Or might the AI be given a certain degree of legal subject status and thus have its own rights? Section 4 of the Copyrights and Neighbouring Rights Act, 20061 provides that the author of any work specified in section 5 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created. Section 17(1) of the Industrial Property Act 20142 provides that the right to a patent belongs to the inventor. Section 17(2) of the same Act provides that where two or more persons have jointly made an invention the right to the patent belongs to them jointly. It remains unclear who the author or inventor of a work or invention by an AI will be. Section 4 of the Copyrights and Neighbouring Rights Act, 20061 provides that the author of any work specified in section 5 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created. Section 17(1) of the Industrial Property Act 20142 provides that the right to a patent belongs to the inventor. Section 17(2) of the same Act provides that where two or more persons have jointly made an invention the right to the patent belongs to them jointly. It remains unclear who the author or inventor of a work or invention by an AI will be. AI may also lead to intellectual property disputes. AI must carry out "deep learning” and "deep thinking” through certain procedures. The AI might collect and store large amounts of information in which other people enjoy intellectual property protection. This creates potential copyright infringement issues. If an AI uses the acquired knowledge and information created by others to create a work, this may constitute plagiarism. This raises the question of who should bear the liability of this infringement- The inventor, the owner, or the AI itself. Although this question falls outside the scope of this research, it should be given priority when dealing with the implications of AI on intellectual property law. This topic has further raised other consequential issues. For example, even if AI were able to receive IP recognition, who would be able to commercialize the exclusive rights? Would there be any incentive to produce more innovations? Also, if ownership is given to the Al developer as a reward for effort and investment, why would the developer involved only during the input stage be rewarded for the final output stage as well? Finally, if the last option is for works produced by AI to fall into the public domain, why would developers put forth the mental and financial efforts to develop AI with vigour? As technological advances in Al continue to gather speed and threaten to disrupt intellectual property rights, this research looks at whether the law needs to be updated to make sure that the IP incentives to create and innovate that have worked in the past remain effective in the future. This research assesses Uganda’s IP readiness for the era of Artificial Intelligence. The purpose of this book is to ascertain the status of works created by Artificial Intelligence under Uganda’s current Intellectual Property legal regime and to assess Uganda’s readiness for the era of Artificial intelligence. Further to ascertain the terms under which works autonomously created by AI can be granted protection under Uganda’s Intellectual Property legal framework, this coupled with identifying best practices from other jurisdictions that are being used to grant protection to works autonomously created by AI, hence providing recommendations on how Uganda’s intellectual property law can be updated to incentivize AI-generated works in Uganda. In light of WIPO consultations that commenced on 26th September 2019 to address Artificial intellectual property rights of AI, this research is timely. Most of the literature on whether AI can own intellectual property rights and how IP law can be amended to carter for AI is from developed countries like US & UK. There is an existing gap in literature from developing countries like Uganda, which, although they are not experiencing rapid technological developments in AI, will nevertheless be affected by AI's disruptiveness especially to their legal regime especially intellectual property. This research seeks to cover this gap by addressing how Uganda’s IP law can be updated to carter for AI-generated works. This research will be done while taking into account Uganda's unique circumstances as a developing country. Artificial Intelligence is expected to continue to grow and permeate all aspects of our lives. AI is already part of our lives in many ways for example, email spam filters, smart email categorization, plagiarism checkers, and so on.3 AI has grown and developed to the point where it is able to create artistic works and inventions which qualify for intellectual property protection.
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    Objection my Lord: Land transactions
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    There are various interests in land. They are classified into equitable and legal interests. Legal interests are the registered interests while equitable interests are not registered. Equitable interests: an equitable interest may be formally created by written agreement of the parties or by operation of law where of parties enter into a specifically enforceable contract to convey or create a legal interest. In Hysaght v Edwards1 , the court held that, the movement you have a valid contract for sale, the vendor becomes in equity trustee for the purchaser of the estate sold and the beneficial ownership passes to the purchaser, the vendor having a right to the purchase-money, a charge or lien on the estate for the security of the purchase money and the right to return possession of the estate until the purchase money is paid, in the absence of express contract as to the time of delivering passion.
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    The law on witchcraft, sorcery and illuminati in Uganda
    (Suigeneris Publishers, 2022) Lubogo, Isaac Christopher
    Use of supernatural or magical powers is a prominent phenomenon since antiquity till date. In our latter days, successful businessmen have been accused of amassing illicit wealth through the practice of witchcraft and magic, notions of blood money. Imagine such scene of a woman sitting on broom, holding it at its long handle and perhaps naked, freely floating in space with ease like directed balloon. One wonders about any possibility of mysterious healing. Like who does that or can do that? Pursuing a course in witchcraft and magic at one of the best universities on the face of the earth, another thought coming handy. Yet furthermore, discovering a world super power like America with legislation on sorcery is too much to imagine. Headlines on the media about cadavers being exhumed for body parts, human sacrifices, albinos and twins mostly being the major victims and or people being banished from their homes for witchcraft. To commit oneself whether wholly or partially in a trade where the bravest fear and courageous menfolk and womenfolk shun off is precisely a mindboggling manifestation of human uniqueness. Whether witchcraft is a vocation, art or science is a specimen for test and inquiry. Interest has been rather demonstrated in the manner of its practice, purpose and impact on third parties. The peace wizards and witches substitute with despondency, filling melancholy in place of ecstasy, causing dread and insecurity of being must be alarming. Consequent incompatibility arising out of witchcraft between its practitioners and their subjects is a piece worth taking interest in. In the interest of harmonious existence and purposes of humanity, understanding the operation of witchcraft is fundamental. Periodically, masses have devoured stories of witch hunt, sorcery, and magic on one hand from the media. Perhaps, no human practice has been readily contended than witchcraft. To assess the merits in both anecdotal and philosophical arguments in support or against witchcraft, one ought to embrace all kinds of information, empirical and non-empirical. Obviously, on no account can anyone do what he or she detests save on coercion maybe. I’m simply saying and not confirming whether this practice is palatable or not. And neither, can it be stressed enough that the sentiments about witchcraft are illegitimate. Witchcraft practices have encumbered abilities of communities to socially coexist, caused economic inequity as people lamely relate witchcraft and blood wealth, and destabilizing political corporation as often times, perpetrators have been exorcized, banished, brutally tortured by angry mobs and much more1 . I fervently discuss the origins and manifest of witchcraft on Gods earth underscoring the regulations of the same and essentially why we are doing the same. The case of Uganda v. Zenatio Kombe, H.Ct.Cr. Session No. 536 of 1967, H.Ct. Monthly Bulletin No. 136 of 1967. The accused killed a woman after being advised by a witch doctor that the same woman had charmed his penis so that it could not function when he slept with his wife.
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    The bullet of poverty in Uganda: a call to action
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Ladies and gentlemen, I would like to address the dire state of Uganda, a nation plagued by political instability, corruption, and economic hardships. As we stand at this crossroads-crucial to draw inspiration from the powerful words of great revolutionaries and visionary leaders who have sparked change in their nations. In the spirit of Malcolm X's "The Bullet and the Ballot" and Martin Luther King Jr.'s "I Have a Dream," let us embark on a journey to expose the harsh realities, challenge the status quo, and ignite the flame of social resistance
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    Digital money : the law of crypto currency and cryptography in Uganda
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Ordinarily, a cryptocurrency is a digital currency. Crypto currencies are digital assets that are designed to effect electronic payments without the participation of a central authority or intermediary such as a Central Bank or licensed financial institution. It is a medium of exchange that is in the form of digital asset and is designed to use strong cryptography in securing financial transactions; the control of creating additional units; and verifying asset transfer. Put more simply, it is a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralized authority. Cryptocurrencies’ may have an effect of bypassing the traditional established centralized systems of money transaction control and this factor has to some minor extent contributed to the skepticism that some economies have towards adopting this trend. In the making of Bit coins, the framers envisioned a world here people would use this digital currency for almost all transactions. No wander still, that the traditional banking system wants to control or eliminate bitcoin. Despite the skepticism surrounding Bitcoins, some countries have endorsed it.
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    Objection my Lord: Civil litigation
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    he formalization of instructions is the reducing agreement stipulating that the named client has issued the advocate with instructions in a given matter and the forms of remuneration agreed upon by the client and the advocate in the agreement. Sometimes it is referred to as a letter of engagement. Regulation 2(1) of the Advocates (professional conduct) Regulations bars an Advocate from acting for any person unless he/she has received instructions from the said person. In the case of Okodoi George & Anor v. Okello Opaire, HMCA NO. 0143 of 2016, court held that the onus is on the Advocate to take steps to make it known to all. The SC in Kabale Housing estates Tenants Association v Kabale Mem L.C CA.15 of 2013 INTERVENTION AS COUNSEL IN AN EXISTING SUIT. Regulation 2(1) of the advocates (professional conduct) regulations provides that no advocate shall act for any person unless he or she has received instruction from that person or his or her duty authorized agent. Justice Kawesa in the case of Okodoi George and anor v okello opaire sam, hct-04-cv-ma-0143 of 2016 held that the practical meaning of the aforementioned provision is that the onus is on the advocate so instructed to take steps to make it known to all concerned that he/she has been duty instructed. The prudent advocate, in practice takes out a notice of instruction informing the court and the opposite counsel of such instructions. The court further held that where, there is a change in instructions, again the prudent advocate files a “notice of change of advocates.” all this is aimed at avoiding a scenario where the advocates instructions end up being challenged. PROCEDURE. 1) Inquire from advocate why client wants to change advocate and for any other relevant information. 2) Draft an engagement letter. 3) Draft and file a notice of change advocate in court and serve it on the former advocate. 4) Draft a notice of instructions
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    Music and the Law in Uganda
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Music law is important to creating and performing music. Music lawyers do their part to help their clients understand the laws and protect their interests. While the music industry primarily involves licensing and contract law, music law may involve a number of different types of law that are all a part of creating and performing music so the question therefore is