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The Epic Journey

“Excellence isn’t just a benchmark; it’s our starting point, our journey, and our destination.” Ann begun her illustrious career at MB Gimara Advocates as a Legal Assistant in September 2009. Because of her critical and extraordinary attention to detail, she quickly rose through the firm’s ranks and was at the position of Senior Legal Associate […]
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Third Party Funding in International Arbitral Proceedings: Is Uganda ready for a transition?

International arbitration at a glance Investors, project financers, and parties from different jurisdictions that execute contracts are now insisting on a Dispute Resolution (DR) clause that provides for Alternative Dispute Resolution (ADR) mechanisms for the resolution of any disputes that arise. The specific ADR mechanism of preference is arbitration.  Arbitration is especially preferred because of […]
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Recent amendments to Laws and Regulations in respect to companies and other entities.

Amendments in respect to Beneficial Owner Compliance have been introduced by; Companies, Partnerships, Trusts and Cooperative Societies are required to file with their respective regulatory bodies, on an annual basis, an updated and consolidated register of their beneficial owners. They are further required to in writing advise on any change or discrepancy in the filed […]
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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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WhatsApp Messages can constitute a valid contract as long as they satisfy the criterion of a valid contract.

WhatsApp Messages can constitute a valid contact as long as they satisfy the criterion for a valid contract which is; the making of an offer, the acceptance of the offer and consideration for services rendered arising from the offer made. Hon Lady Justice Patricia Kahigi Asiimwe Resolved that WhatsApp messages are data messages and hence […]
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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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Aiders and Abettors of Copyright law: A case of what is good for the goose being good for the gander.

Garfield Spence [a.k.a Koshens] Vs Airtel Uganda Limited & 2 others Civil Suit No. 545 of 2015. Judgment delivered on 21/08/2023 by Her Lordship Patricia Mutesi. Attention! Copyright infringement is not restricted to persons who unlawfully deal with protected works but it also applies to any person who ‘causes’ or ‘permits’ such unlawful dealings to […]
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