Articles
Articles
New Security Interest in Movable Property Act May Require Re-Registration of Existing Securities
Written: 05 Apr 2020
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The Security Interest in Movable Property Act, 2019 (the ‘’Act’’) and the Security Interest in Movable Property Regulations, 2019 (the ‘’Regulations’’) came into force on 30th May 2019. This Act is one of the most significant statutes to impact the taking of security in Uganda.
The Act is far reaching as it requires many types of existing securities that have already been registered to be re-registered under the Act for the security to be effective against a liquidator, administrator or third parties.
Also related to these departments: Commercial Transactions
The Public Health (Control of Covid-19) Rules & The Public Health (Prohibition of Entry into Uganda) Order
Written: 27 Mar 2020
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The Public Health (Control of Covid-19) Rules & The Public Health (Prohibition of Entry into Uganda) Order
As of 25th March 2020 Uganda had registered 15 confirmed cases of COVID-19, which number is expected to increase, in response to which The Government of Uganda has issued two (2) Corvid-19 focused Statutory Instruments, i.e., The Public Health (Control of Covid-19) Rules, 2020 SI No.52 of 2020 and The Public Health (Prohibition of Entry into Uganda) Order, 2020, SI No.53 of 2020
Uganda Oil And Gas: Regulatory Landscape
Written: 13 Aug 2018
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Also related to these departments: Mining, Oil and Energy
State of Oil and Gas in Uganda - 2017
Written: 31 Jul 2017
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Uganda is currently described by the World Bank as the hottest inland exploration frontier in the world and the country to watch in the oil and gas space, due to the commercial discovery of an estimated 6.5 billion barrels of oil, 1.4 billion of which are recoverable.
Also related to these departments: Mining, Oil and Energy
Investing in Uganda: Law Regulations and Tax Considerations
Written: 24 Jul 2017
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Regulatory Environment
Incorporating/ Registering a Company:
Investment vehicles in Uganda take on various forms including among others single member companies, private limited liability companies, incorporated and unincorporated joint ventures, partnerships and trusts. The most common vehicle for investment is the private limited liability company.
Also related to these departments: Commercial Transactions
Cross Border Insolvency: Is East Africa ready?
Written: 24 Jul 2017
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Background
More often than not, when you walk into a shop or supermarket and pick up an article, it will clearly confirm that it is made or assembled in China, England, Kenya and so on. This is indicative of international trade.
Every country is endowed with different resources and each has a peculiar comparative advantage over the other. It therefore goes without saying that no country is completely self-reliant.
Also related to these departments: Commercial Transactions
The Draft Landlord and Tenant Bill 2016
Written: 14 Dec 2016
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Uganda has a housing deficit of approximately 1.7 million housing units. It is reported that Kampala alone has a housing deficit of 550,000 units. It is with the private sector that the country places its hope to bridge this deficit.
However, a draft Landlord and Tenant Bill (the ‘’draft Bill’’) currently doing the rounds can only have a dampening effect on the private sector efforts to bridge the deficit.
The Capital Markets Authority (Amendment) Act, 2016
Written: 14 Jun 2016
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The Capital Markets Authority (Amendment) Act 2016 (the “Amendment”) was assented to by the President on 3rd May 2016 and came into force on 20th May 2016.
The key provisions in the Amendment are as follows;
Conflict between the Income Tax Act and the Double Taxation Agreement or treaty shopping?
Written: 12 Dec 2015
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A Mauritian company has sued the Uganda Revenue Authority (URA) seeking a declaration that the assessment raised against them is illegal.
The Plaintiff received dividends from a Ugandan company with tax withheld at 10% as a benefit under the Mauritius Uganda Double Taxation Agreement (DTA), instead of at the usual withholding tax rate of 15%. Following a request for information by URA, it came to light that the Mauritian entity was held entirely by a Kenyan resident. The Mauritian company's only economic activity in Mauritius was to hold the shares in the Ugandan company.
Also related to these departments: Commercial Transactions
Copyright Infringement Law: Update -- Angella Katatumba -v- The Anti-Corruption Coalition Of Uganda (ACCU) (H.C.C.S No. 307 Of 2011)
Written: 12 Dec 2015
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The High Court recently passed a judgment on infringement of copyright, fair use and damages under copyright infringement.
Background
The Plaintiff (Katatumba) is an artist, composer singer and performer in Uganda whose song was incorporated into and released as part of an advertisement jingle by the Defendant for an environmental conservation agenda to save a forest reserve.
Also related to these departments: Intellectual Property
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.
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
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.
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.
Also related to these departments: Commercial Transactions, Litigation