Esther Nafula

BACKGROUND

Esther holds an LLB (Hons) degree from Uganda Christian University, Mukono and a Post Graduate Diploma in Legal Practice from the Law Development Centre. Esther is currently pursuing a distance learning Masters in Commercial law from the University of London. She previously worked with Tibeingana and Co. Advocates and the credit and documentation team of DFCU Bank Limited.

She is an associate with the Firm and works with the Commercial Transactions Team. She focuses on Banking, Finance, Property and Corporate.

MEMBERSHIP IN PROFESSIONAL SOCIETIES

• Advocate, High Court of Uganda
• Member, Uganda Law Society
• Member, East Africa Law Society

PROFESSIONAL QUALIFICATIONS

• Postgraduate Diploma in Legal Practice, Law Development Centre, Uganda
• LLB (Hons), Uganda Christian University, Uganda

CAREER SUMMARY

• 2021 - DATE     Principal Associate MMAKS Advocates
• 2016 - 2021     Associate MMAKS Advocates
• 2015 - 2016     Credit and Documentation Team of DFCU Bank
• 2014 - 2015     Legal Assistant, Tibeingana & Co. Advocates

AWARDS AND ACCOLADES

• Certificate for participating and attending the African Legal Support Facility training on sovereign debt, infrastructure, mining, power, energy and oil and gas.
• Certificate for participating and attending the ILFA East Africa Excellence Legal Academy on Banking & Finance.

AREAS OF EXPERTISE

• Property
• Banking and Finance
• Commercial Law

TOP MATTERS

• Acting for Industrial Development Corporation of South Africa (IDC) in a re financing of USD 2,700,000 for completion of the construction of a hotel in Uganda. we were involved in the review of a South African Law facility agreement, preparation of local law security documents and providing a legal opinion on the capacity, validity and enforceability of the documentation from a Ugandan law perspective.
• Acting as transaction counsel to Stanbic Bank, Standard Chartered Bank and Uganda Development Bank for a syndicated loan of USD 25 million, to finance the procurement, installation and construction of a distillery for the production of ethanol and financing short term loans to Kakira Sugar Limited. The transaction involved review of an English law facility agreement, drafting of local law security documents, reviewing and commenting on the licences and approvals to be obtained under Ugandan law for the transactions, issuing a legal opinion on the capacity validity and enforceability of the documentation from a Ugandan law perspective.
• Acting as transaction counsel to PROPARCO and FMO for a syndicated loan of USD 40,000,000 million to Sugar corporation of Uganda Limited to construct a 25MW Cogeneration power plant. The transaction involved review of the English law governed Facilities Agreement, Intercreditor agreement, and Security Sharing Agreement, drafting of local law security documents and issuance of a legal opinion on the capacity, enforceability and validity of the documentation.
• Acting as local counsel to an education investment firm on the potential acquisition of a leading private educational institution, with a transaction value of USD 21 million which involved carrying out a high-level due diligence on the target company, identifying any potential risks to the transaction and making recommendations on how to mitigate these risks.
• Acting for DFCU bank in connection with the consolidation and restructuring of Ug. Shs. 112, 662, 336, 679 granted to one of its borrowers following the sale and takeover of some of the assets of Crane Bank Uganda Limited by DFCU. The transaction involved review of the previously executed facility agreements, consolidation of the various facilities, preparation and registration of new facility agreements and security documents.
• Acting as local counsel to FMO and Finnfund in connection with the restructuring of a USD 20,000,000 facility. The transaction involved the Lenders’ subscription for shares from the borrower’s holding company and the subsequent use of the subscription funds to offset the outstanding liabilities. It also involved review of the restructuring documents and issuing separate legal opinions on the capacity and enforceability of the borrower.
• Advising The Norwegian Investment Fund for Developing Countries (Norfund) and Societe Belge D’investissement Pour Les Pays en Developpement SA / Belgische Investeringsmaatschappij Voor Ontwikkelingslanden NV (Bio)in connection with a change in shareholding in Rwimi EP Company Limited. Our role involved drafting the new local law security documents and advising on the local law aspects of the transaction. We also reviewed the English law governed documents and we issued a legal opinion on the capacity, validity and enforceability of the documentation from a Ugandan law perspective.
• Acting as Lender’s counsel in connection with a borrowing to and Greenlight Planet Incorporated (a company incorporated in the United States of America) with various subsidiaries in different jurisdictions. The transaction involved preparation of local law security documents and review of New York governed documents. In addition, we issued a legal opinion on the capacity, validity and enforceability of the documentation from a Ugandan law perspective.
• Advising Standard Chartered Bank in a financing to Bharti Airtel International (Netherlands) B.V. and some of its Subsidiaries in various African jurisdictions including Uganda. The transaction involved review of an English law governed Facility Agreement, review of Airtel Uganda Limited’s constitutional documents as well as its corporate authorizations. In addition, we issued a legal opinion on the capacity, validity and enforceability of the documentation from a Ugandan law perspective.
• Advising on a transaction that involved the acquisition of a financial institution in Uganda. It involved carrying out a high-level due diligence on the target company, identifying any potential risks to the transaction and making recommendations on how to mitigate these risks.
• Advising KFW as lender to the Ugandan Government. The transaction involved giving advice in respect to the valid execution of documentation by the Ugandan Government and the validity, and enforceability of the project documents from a Ugandan law perspective.
• Involved in the preparation and registration of securities on a day-to-day basis for some of the top commercial banks in Uganda and Kenya and keeping the banks updated on the status of their matters.