Assignment Response

(d) Gifts in Contemplation of Death

A gift in contemplation of death, also known by the Latin term donatio mortis causa, is a gift made by a person during their lifetime which is conditional upon their death. It is a unique concept that operates outside the usual formalities required for lifetime gifts or wills. In Uganda, the law on this matter is governed by both common law principles and statute, specifically the Succession Act (Cap 162).

Section 178 of the Succession Act provides the legal framework for these gifts. It establishes three essential conditions that must be met for a donatio mortis causa to be valid:

1. The gift must be made in contemplation of death: The donor must be making the gift because they are anticipating their death from an existing illness or imminent peril. A general apprehension of death that all humans have is not sufficient; the contemplation must be of death in the near future (Succession Act, s 178(a)).
2. The gift is conditional on the donor’s death: The gift only becomes absolute and final upon the donor's death. If the donor recovers from the illness or survives the peril, the gift is automatically revoked, and the property reverts to the donor (Succession Act, s 178(c)).
3. Delivery of the property: The donor must deliver possession of the subject matter of the gift to the donee. For movable property, this can be physical delivery. As stated in the case of Annet Namiri & Anor v The Administrator General & 2 Others [2018], this delivery is crucial to distinguish it from a failed lifetime gift or an invalid testamentary disposition. The delivery must be such that the donor parts with 'dominion' over the property.

If these conditions are satisfied, the gift is valid and the property does not form part of the deceased donor’s estate to be distributed under a will or intestacy rules.

(e) Gifts Given During One’s Lifetime

A gift given during one’s lifetime is known as an inter vivos gift. This is an outright transfer of property from a donor to a donee without any payment or consideration in return. For an inter vivos gift to be legally effective in Uganda, certain common law requirements must be met. The donor must have done everything which, according to the nature of the property, was necessary to be done in order to transfer the property and make the gift binding upon himself (Bakibinga, 2011).

The three essential requirements are:

1. Intention: The donor must have the clear intention to make a gift (animus donandi). They must intend to divest themselves of all ownership and control over the property.
2. Delivery: The subject matter of the gift must be delivered to the donee. Delivery can be actual (physically handing over the item) or constructive (e.g., handing over keys to a car). The method of delivery depends on the nature of the property.
3. Acceptance: The donee must accept the gift. Acceptance is usually presumed, but the gift will fail if the donee expressly rejects it.

A crucial principle is that "equity will not perfect an imperfect gift." This means that if the donor has not completed all the necessary legal formalities to transfer the property, the court will not assist the donee. In the Supreme Court of Uganda case of Joy Tumushabe and Anor v Anglo-African Ltd and Anor [1999], which concerned a gift of land, the court affirmed the principle from the English case Milroy v Lord [1862] that a donor must do everything necessary to transfer the title for the gift to be complete. If any step remains for the donor to do, the gift is incomplete and therefore invalid.

(f) What is a citation, how is it obtained, and its purpose?

What is a citation?

A citation is a standardised reference to a legal authority. It acts as a unique identifier that enables a reader to locate the specific source being referred to. In legal writing and practice, the most common sources that require citation are case law and legislation.

• Case Law Citation: This typically includes the names of the parties, the year the judgment was delivered, the court abbreviation, and a case number. For example, Annet Namiri & Anor v The Administrator General & 2 Others (Civil Suit No. 297 of 2011) [2018] UGCommC 57. The neutral citation "[2018] UGCommC 57" indicates it was the 57th decision of the Commercial Court of Uganda in 2018.
• Statute Citation: This includes the title of the Act and its Chapter number in the Laws of Uganda. For example, the Succession Act, Cap 162.

How is a citation obtained?

Citations for Ugandan law can be obtained from several sources:

• Online Legal Databases: The Uganda Legal Information Institute (ULII) is a primary free-to-access resource containing judgments from Ugandan courts with their official citations.
• Law Reports: Printed volumes of law reports, such as the Uganda Law Reports (ULR), contain judgments and their corresponding citations.
• Legislation: Official publications of the Laws of Uganda, either in print or online via institutions like the Uganda Law Reform Commission, provide citations for Acts of Parliament.
• Academic Sources: Textbooks, journal articles, and other academic works on Ugandan law will contain citations for the authorities they discuss.

Purpose of a citation

The purpose of a citation is threefold. First, it allows the reader to find the source for themselves to verify its content and context. Second, it gives authority to a legal argument; a statement of law is more persuasive when supported by a reference to a binding case or statute. Third, it is a fundamental aspect of academic and professional integrity, acknowledging the source of information and avoiding plagiarism.

References

Annet Namiri & Anor v The Administrator General & 2 Others (Civil Suit No. 297 of 2011) [2018] UGCommC 57 (16 May 2018).

Bakibinga, D.J. (2011) Equity and Trusts in Uganda. 2nd edn. Professional Books Publishers.

Joy Tumushabe and Anor v Anglo-African Ltd and Anor (Supreme Court Civil Appeal No. 3 of 1999) [1999] UGSC 3 (28 April 1999).

Milroy v Lord (1862) 4 De GF & J 264.

Succession Act, Cap 162, Laws of Uganda 2000.