Brian Kajubi

BACKGROUND

Brian is an Associate with the firm’s Intellectual Property Team and Litigation Team. He acts for and advises clients on the creation, registration, maintenance, protection, commercialisation, and enforcement of intellectual property rights in Uganda. Brian has a great interest in the field of commercial litigation, with an emphasis on intellectual property, entertainment law and ICT.

Brian is a member of the Legal Committee of Federation of Uganda Football Association (FUFA), where he advises FUFA on sports disputes and legal related matters. He is also a member of the Contracts Committee of Makerere University Business School.

Brian has taught law at Uganda Christian University, School of law and Makerere University Business School, Department of Business Law.

He holds an Upper- Second Class LL. B (Hons.) degree from Uganda Christian University, Mukono and a Post Graduate Diploma in Legal Practice from the Law Development Centre.

MEMBERSHIP IN PROFESSIONAL SOCIETIES

• Advocate, High Court of Uganda
• Member, Uganda Law Society
• Member, East Africa Law Society
• Member, Uganda Law Society Intellectual Property Law Cluster
• Member, East African Law Society Intellectual Property Committee

PROFESSIONAL QUALIFICATIONS

• Postgraduate Diploma in Legal Practice, Law Development Centre, Uganda
• LL. B (Hons.), Uganda Christian University, Mukono
• Certificate in Sports Law & Arbitration Practice, Uganda Olympic Committee

CAREER SUMMARY

• 2022 – DATE Associate, MMAKS Advocates, Uganda
• 2020 – 2022 Associate, Nangwala, Rezida & Co. Advocates, Uganda
• 2017 – 2020 Associate, Ntwali & Co. Advocates, Uganda
• 2016 – 2017 Legal Assistant, Ntwali & Co. Advocates, Uganda

AREAS OF EXPERTISE

• Intellectual Property
• Commercial litigation
• Employment practice
• General litigation & Alternative Dispute Resolution
• Sports Arbitration and Practice
• Procurement law and Practice

TOP MATTERS

• Acting for Brookside Limited in registration and renewal of its several trademarks.
• Acted for Brookside Limited in a labour dispute against it by 110 former employees, for unlawful termination and redundancy, in which they sought compensation of UGX. 1.2 Billion.
• Acted for UGAFODE MDI in a suit against it by a plaintiff for recovery of money and damages for property bought through auctioning. The MDI was exonerated from liability.
• Acted for Jubaili Agrotec (U) Ltd in suit to recover a sum of USD 116,000,000 against a defendant company dealing in tea growing. Judgement was entered in favour of Jubaili Agrotec (U) Ltd.
• Successfully acted for and defend Uganda Development Bank Limited in suit against it challenging the sale of a mortgaged property to a third party. The suit was successfully dismissed on preliminary objections.
• Acted for Victoria Hospital Limited in a suit against a Bank seeking to set aside a mortgage transaction and credit facilities of USD 5,500,000.
• Acting for UGAFODE MDI in a suit/appeal against it by a plaintiff for recovery of UGX. 500,000,000/= with damages and costs. The suit was dismissed.
• Acting for Housing Finance Bank Ltd, in a suit against it brought by a plaintiff seeking to challenge a mortgage facility and to be exempted from the condition of paying 30% of the amount claimed by the Bank. Court dismissed the appeal with costs and found that the spouse failed to prove the exceptions to the condition of the 30% rule under the Mortgage Act to challenge the sale.
• Acting for UGAFODE MDI, in a labour dispute against it on constructive termination, where the former employee brought a suit claiming for UGX. 2,152,800,000/= as damages.
• Acting for Uganda Institute of Professional Engineers on ongoing court disputes challenging its statutory powers in accrediting professional engineers to be eligible to practice in Uganda.
• Acting for Exim Bank (U) Ltd in a suit against it brought by a customer, challenging the sale of the mortgaged property arising out of several credit facilities of USD 200,000, term loans of USD 3,900,000 and UGX. 800,000,000/= and appointment of a receiver.
• Acting for The Nation Media Group and its subsidiary entities before the Uganda Media Council and Uganda Communications Commission, complaints raised by consumers and regulators. In such cases, we have successfully challenged the jurisdiction of the Regulators on various cases/complaints.
• Acting for Uganda Coffee Development Authority in a judicial review and contempt of court applications brought against it by its former employee, seeking to be reinstated after court recommended staff appraisal and the decision of the board be quashed. The application was successfully dismissed.
• Acting for Africa Broadcasting (U) Ltd t/a NTV (U) is a suit against it by a content provider for alleged breach of programme license agreement for supply of content and episodes to be broadcasted on Tv.
• Successfully represented and defended Spark Television against a claim for alleged breach of minimum broadcasting standards and defamation against it raised by a consumer. The jurisdiction of the regulator over Spark Tv’s actions visa-vis the complainant’s allegations, was successfully challenged.
• Acting for China Shandong Hi-Speed Uganda Ltd in an ongoing company dispute challenging the rights of the majority shareholders and enforcement of arbitration clauses in the shareholders’ agreement.
• Collaborated with the Monitor Publications Ltd, Association of Photojournalists plus Freelance Photographers in conducting trainings and sensitisation on intellectual property rights and liabilities.
• Advising and sensitizing young entrepreneurs and innovators at MUBS- Stanbic Incubation & Innovation Hub on intellectual property rights.
• Acted for a court mediator in a suit for image rights infringement against a Visual, Audio production and record label company, for the use of the Plaintiff’s image to advertise a public concert without his consent.