Freedom Of Association And The LGBTQ+ Community In Uganda: An Examination Of Frank Mugisha And Two Others V Uganda Registration Services Bureau
John Martin Muwanguzi
This paper explores the resistance faced by the LGBTQ community in Uganda in asserting their right to freedom of association. It focuses on two key judicial decisions—one from Uganda and the other from Kenya—alongside rulings from other jurisdictions, to provide a broader perspective on the LGBTQ community’s right to associate. The Court of Appeal of Uganda took a narrow approach in deciding whether the Registrar of Companies acted lawfully in refusing to reserve the name "Sexual Minorities Uganda." While the court emphasised the Registrar's discretion, the key issue was whether that discretion was lawfully exercised. The paper argues that the decision marked a significant setback in the LGBTQ community’s efforts to realise their constitutionally guaranteed rights, hindering their ability to organise and associate freely.
A Legal Theory Of Mortgage And Land Transactions Under The Land Use Act 1978 In Nigeria: Issues And Challenges
Busari Morufu Salawu
The use of land as securities for mortgages appears more desirable for lenders because its value increases over a period and it cannot be shipped out of jurisdiction. This paper undertakes an overview of mortgage theories, examines their applications to mortgage transactions under the Nigeria’s Land Use Act 1978 and identifies and appraises challenges to their use. Although the Nigerian mortgage industry is still developing, due to a legal complexity in the sector, intermediate theory provides a strong base for its operation because of its adoption of principles of title and lien theories. Contentious provisions in the Land Use Act, such as the consent clause deemed grantee, and the half hectare clause are recommended for amendment for easy mortgage transactions.