Legal Alert

Latest in Arbitration Law Series: An arbitration agreement is separate and distinct from the contract in which it is contained

Plinth Consultancy Services Ltd v. Inyatsi Construction Ltd, Inyatsi Group Holdings (Pty) Ltd & Absa Bank (U) Ltd, Misc. Cause No. 0053/2024. Ruling delivered on August 30, 2024 by Hon. Lady Judge Harriet Grace Magala. Attention! Arbitration without privity is an exception of the doctrine of privity of contract. Background to the case This was […]
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Latest in Contract Law Series: After signing a document whose terms expressly indicate the intention of the parties, a party is estopped from departing from the terms contained in the signed document.

    Ben Kavuya & 2 Others v Wakanyira David George, SCCA No 31/2021 [2024] UGSC 13 (judgment delivered on June 18, 2024)   Background to the case   Attention! Save for exceptional circumstances, the terms of a written contract cannot be varied by terms orally agreed upon by parties.   The respondent to this […]
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Latest in Arbitration Series: The Supreme Court of Kenya confirms the principle of finality of Arbitral Proceedings.

Kampala International University V Housing Finance Company Limited Petition No. 34 (E035) of 2022(Supreme Court of Kenya), Judgment delivered on 12th April 2024 Background to the case Sometime in October 2017, the Appellant instituted arbitration proceedings against the Respondent, arising from a dispute of over $3,883,368. The Respondent filed a counterclaim to the tune of […]
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Latest in Arbitration Series: Parties cannot agree to the constitution of an arbitral tribunal outside the provisions of an arbitration agreement without obtaining all the required consent.

Uganda Civil Aviation Authority v Central Plumbing Works (U) Limited, Misc. Cause No. 037/2023. Ruling delivered on January 25, 2024 by Hon. Judge Musa Ssekaana Attention! The appointment of the Chairperson of the Tribunal by the Executive Director, Centre for Dispute Resolution (CADER) without the approval of the Solicitor General is irregular and illegal Background […]
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Latest in Arbitration Series: The High Court has the discretion to issue a post-award protective measures under s. 98 of the Civil Procedure Act

Vantage Mezzanine Fund II Partnership & Another v Commissioner Land Registration & 7 Others, Misc. Application No 2484 of 2023 Attention! Section 6 of the Arbitration and Conciliation Act Cap 6 is not a bar to Court exercising its inherent powers under section 98 of the Civil Procedure Act Cap 71 and section 33 of […]
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Latest in Employment law: Court of appeal upholds the principle that an employer can terminate an employee’s contract for a reason or no reason at all.

STANBIC BANK (UGANDA) LIMITED VS NASSANGA SAPHINAH KASULE CIVIL APPEAL NO.182 OF 2021. Judgment delivered by Christopher Gashirabake, J.A. Attention! Termination of an employment contract under S. 65(1)(a) of the Employment Act 2006 does not always need reasons for termination, provided that the employer has given sufficient notice as the law prescribes. Background to the […]
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A credit facility arising from a syndicated loan agreement is legal and is not a form of agency banking.

Ham Enterprises Ltd & 2 others V Diamond Trust Bank (U) Ltd & Diamond Trust(K) Limited (Civil Appeal No.13 of 2021. Judgment delivered by Chief Justice Alfonse Chigamoy Owiny-Dollo on 6th June 2023. Attention! A syndicated loan arrangement is a globally accepted mode of lending money and is not barred by any law in Uganda Background […]
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Before purchasing land, there is need to conduct due diligence from persons independent of the transaction

Jennifer Nsubuga V Michael Mukundane & Shine Asiimwe, Court of Appeal Civil Appeal No. 208 of 2018, judgment delivered on 17th March 2023 Attention! Due diligence “beyond the parties to a transaction” is a prerequisite before purchase of property Failure by a kibanja owner to register their interest with the registered proprietor invalidates any claim […]
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Beneficial Owners and the Law in Uganda.

Attention! The Hon. Minister of Justice and Constitutional Affairs, Norbert Mao, on January 5, 2023 signed two new regulations— that is, The Companies (Beneficial Ownership) Regulations and The Partnership (Beneficial Owner) Regulations.These come into play to supplement the one law in place that governs money-laundering and streamline Ugandan laws with international anti-money laundering requirements. Introduction […]
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An organisation has the right to make guidelines that it considers necessary to facilitate its obligations and achieve its objectives.

Aboneka Michael & anor V Watoto Church Ltd Constitutional Petition No. 019 of 2018 [2023] Attention! Article 29 (1) (c) of the Constitution gives different institutions and organizations discretion to determine their own practices. A citizen of Uganda is at liberty to choose to belong to that organization and manifest their practices or not. If […]
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