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  • Article

    Simba v Vantage: A Rare Exception Exposing A Loophole In Uganda's Arbitration Law

    The recent Court of Appeal decision in Simba Properties v Vantage Mezzanine has drawn attention for appearing to depart from the established principle that Ugandan courts...
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Mandatory Engagement With Opposing Counsel Prior To Filing Any Interlocutory Application: A Pre-filing ADR Requirement

    In a climate of courts clogged with backlog, with the defeaning clamour for faster trials, for alternative dispute resolution and mediation in litigation even at appellate levels...
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    No Review Of Arbitral Awards (High Court Miscellaneous Application No. 692 Of 2019): China Communications Construction Co. Limited Vs Justus Kyabahwa

    The cornerstone of contract law is the freedom to contract and in many cases it may also include the choice of dispute resolution
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Parallel Enforcement Of Foreign Arbitral Awards In Uganda

    International arbitration has become the preferred mechanism for resolving cross-border disputes, ensuring efficiency and predictability in global commerce.
    WorldwideLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Understanding The URA's Notice On Stamp Duty: Does It Affect Contractual Validity?

    The Uganda Revenue Authority ("URA") recently issued a notice urging the public to comply with the Stamp Duty Act by paying duty on agreements executed or received in Uganda.
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Challenging The Legality And Force Of Presidential Directives In Uganda

    It has become commonplace for the President of the Republic of Uganda to issue directives and orders to ministers, government agencies and officials, with the public generally believing...
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Pre-judgment Interest And The Time Value Of Money: Lessons From The Ugandan Supreme Court

    The Supreme Court of Uganda has delivered a landmark ruling on pre-judgment interest in non-contractual claims, establishing that interest rates must reflect fairness and actual borrowing costs rather than simply applying the highest commercial rates. In a case spanning 22 years, the court awarded 12% per annum interest on restitutionary claims, rejecting lower court proposals of 22-25% as "exorbitant" and "unconscionable." This decision fundamentally reshapes how Ugandan courts calculate interest awards, e
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Ziriibwa Muwangaazi: Surviving Justice As A Judgment Creditor

    In Uganda, judgment creditors who win in court often find their victories hollow when statutory interest rates fail to reflect the true time value of money. Using a detailed economic comparison between a startup plaintiff and a large corporate defendant, this analysis reveals how Uganda's 6% prescribed interest rate creates perverse incentives for defendants to delay payment indefinitely, turning litigation into a profit center rather than a deterrent. Drawing on reforms in Kenya and South Africa, the artic
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Breaking The Bottleneck: Constitutional Court Draws A Line On Security Agency Interference With Court Orders

    The Constitutional Court of Uganda has struck down the practice of requiring executive "clearance" for court orders, declaring it unconstitutional.
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Bank Claims Against Valuers For Professional Negligence: A Note On Recent Ugandan Cases

    A comprehensive analysis of Ugandan case law reveals when valuers are liable for negligence in secured lending, what damages banks can recover, and whether incorporation shields individual valuers from personal responsibility.
    UgandaLitigation, Mediation & Arbitration
    ENS
    ENS

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