Articles from Litigation
Articles by Department - Litigation
THE UGANDA COURT OF APPEAL REASSERTS THAT THE EMPLOYER HAS A RIGHT TO TERMINATE AN EMPLOYEE WITHOUT A REASON BY ISSUING NOTICE OR PAYMENT IN LIEU OF NOTICE
Written: 24 May 2021
Written by:
Court of Appeal Civil Appeal No. 281 Of 2016; Bank of Uganda Vs Joseph Kibuuka & 4 Others.
The Court of Appeal of Uganda (the “Court”) has reasserted the unfettered right of an employer to terminate an employment relationship without a reason by either giving the employee notice or paying in lieu of notice.
Timothy Masembe Kanyerezi and Alex Samson Ntale of M/s MMAKS Advocates represented Bank of Uganda (the “Bank”) in this matter.
Also related to these departments: Litigation
UGANDAN HIGH COURT RECALIBRATES THE LANDLORD-TENANT RELATIONSHIP
Written: 22 May 2020
Written by:
SOPHIE NAKITENDE VS MABU COMMODITIES LIMITED - HIGH COURT CIVIL SUIT NO. 117 OF 2016
The High Court in Uganda has pragmatically revisited the Landlord - Tenant relationship by faulting a Landlord’s arbitrary use of force to seize a tenant’s trading stock and lock up premises for alleged non-payment of rent without a written Tenancy Agreement in place or a lawful court order.
Mr. Isaac Walukagga of M/s MMAKS Advocates represented Ms. Sophie Nakitende (“the Tenant”) in this matter.
Also related to these departments: Litigation
FAQs ON IMPACT OF COVID-19 ON UGANDAN LAWS
Written: 06 Apr 2020
Written by:
The COVD-19 Pandemic has affected various aspects of business world over. This is a compilation of frequently asked questions in relation to the legal implications of COVID-19 in Uganda in the areas of;
A. EMPLOYMENT
B. REAL ESTATE & CONSTRUCTION
C. CORPORATE
D. INSURANCE
E. COMPETITION
F. GENERAL QUERIES
G. DATA PROTECTION
H. LITIGATION
I. BANKING & FINANCE
J. TAX
K. CYBER SECURITY
Also related to these departments: Commercial Transactions, Intellectual Property, Litigation, Mining, Oil and Energy
Kenyan Decision on Redundancy of Employees Aviation and Allied Workers Union V Kenya Airways Limited and three others
Written: 03 Dec 2012
Written by:
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.
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
Written by:
In June 2012, the High Court of Uganda delivered a ground-breaking judgment regarding interalia execution of mortgages by mortgagees and unconscionable interest rates.
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
Written by:
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.
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
Written by:
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.
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
Written by:
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.
Also related to these departments: Litigation