Articles

Articles

Uganda Supreme Court reasserts constitutional right to protection from deprivation of property - UNRA vs. Irumba Asumani & Peter Magelah

Written: 12 Dec 2015
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Uganda National Roads Authority Vs. Irumba Asumani & Peter Magelah, Supreme Court Constitutional Appeal No.2 of 2014 The Supreme Court has confirmed the sanctity of property rights under the Constitution.
Categorised under: Legal Alerts, Supreme Court

A win for the environment

Written: 11 Dec 2015
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A landmark decision of the Supreme Court has raised the bar on environmental protection and has environmentalists all in applause. The case pitted environmental protection rights against individual property rights. Developers and lenders have further cause for caution.
Also related to these departments: Mining, Oil and Energy

Trademark Application No. 2013/48063 Nairobi Java House Coffee & Tea and No. 2013/48062 Java House & Java Sun in Class 43 in the name of Nairobi Java House Limited and opposition thereto by Mandela Auto Spares Limited

Written: 21 May 2015
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On 21st May 2015, the Registrar of Trademarks delivered a landmark ruling on descriptiveness, likelihood of confusion and concurrent use in an opposition to the registration of trademarks. MMAKS Advocates was pleased to represent the Opponent, Mandela Auto Spares Limited. The Applicant sought to register the device trademarks Nairobi Java House Coffee & Tea and Java House and Java Sun in respect of services in class 43 “the offending applications”. The Opponent is the registered owner of trademarks Café Javas and Javas dating back 7 years
Categorised under: Client Alerts
Also related to these departments: Intellectual Property

Kenyan Decision on Redundancy of Employees Aviation and Allied Workers Union V Kenya Airways Limited and three others

Written: 03 Dec 2012
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The Kenyan Industrial Court, on 3 December 2012, made an Award against Kenya Airways Limited (“KQ”) requiring that KQ reinstate 447 employees who had been declared redundant on 4 September 2012. A. Brief Facts KQ made a decision to declare 554 employees redundant following an assessment of the financial performance of the company. Some of the employees were offered the opportunity to take advantage of an early retirement scheme and the rest were laid off with the pay packages having been computed.
Categorised under: Aviation, Cases, Employees, Kenya
Also related to these departments: Litigation

Decision of the High Court on Validity of Mortgages and Unconscionable Interest - H.C.C.S No. 149 of 2010 Alice Okiror & Michael Okiror V Global Capital Save 2004 Limited & Ben Kavuya

Written: 18 Jun 2012
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In June 2012, the High Court of Uganda delivered a ground-­breaking judgment regarding interalia execution of mortgages by mortgagees and unconscionable interest rates.
Categorised under: Cases, High Court
Also related to these departments: Commercial Transactions, Litigation

Tropical Bank V. Were Muhwana (S.C.C.A No. 4 Of 2011)

Written: 23 May 2011
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The Supreme Court recently passed a judgment on execution of mortgages, loan agreements, sale of mortgaged property and spousal consent. Background The Respondent’s home was mortgaged to Libyan Arab Uganda Bank in 1993 (before the Land Act 1998 which introduced a requirement for spousal consent for any transaction on family land). The Borrower obtained an overdraft of Ug. Shs. 50,000,000/= secured against Were’s home. Default occurred and the property was sold in 1997 by Tropical Bank.
Categorised under: Cases, Supreme Court
Also related to these departments: Litigation

Decision of The Court of Appeal on sale by Mortgagees, and Validity of Mortgages - C.A.C.A No. 071 of 2009 Belex Tours and Travel Limited Vs. Crane Bank Limited and Fang Min

Written: 12 Aug 2009
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The Court of Appeal of Uganda delivered a judgment regarding among others, execution of mortgages, the sale of mortgaged property and moveable assets by a mortgagee/chargee, financing of a purchase of mortgaged property by mortgagee and what amounts to fraud and illegality in property sales.
Categorised under: Cases, Court of Appeal
Also related to these departments: Litigation

Supreme Court Civil Appeal No. 4 of 2006 - Fredrick J. K Zaabwe Vs Orient Bank Limited & Others

Written: 10 Jul 2007
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On the 10th July 2007, the Supreme Court of Uganda delivered a ground breaking judgment regarding the nature and effect of powers of attorney especially as regards mortgages, the duty of a mortgagee to a donor of a power of attorney and on a purchaser for value without notice. On account of some of the findings in the case, we recommend it be kept confidential. We set out below a summary of the case.
Categorised under: Cases, Supreme Court
Also related to these departments: Litigation