Published on March 24, 2023
Constitutional Court holds that the notices issued by the Commissioner General, URA requiring all banks to furnish details of all bank accounts held by them for two years violated the rights of the account holders and
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Following the promulgation of Article 237 of the 1995 Constitution of Uganda, there is no public land in Uganda except the land held by Government and local government in public interest following conditions governing such acquisition,
With effect from February 11, 2023, all companies and partnerships that have not filled their beneficial owners’ information with the Registrar of Companies will not be allowed to make any registrations unless they have provided beneficial
Tanzania’s ratification of the protocol extending the Court’s jurisdiction is another step toward a functional and well-structured trade and investment regime within the East African Community.
The East African Court of Justice finds that, in negotiating a trade agreement and entering into arrangements for certification of wheat with the United States, Kenya acted in contravention of the East African Community Treaty and
Article No 2/2022 of the ALP Law Review Series is an analysis of the constraints on trademark protection in South Sudan in the absence of what are traditionally regarded as intellectual property (IP) laws—that include trademark
With effect from December 1, 2022, the Personal Data Protection Office (PDPO) will commence enforcement against organisations and persons involved in the collection and processing of personal data without registration in accordance with the Data Protection
The recently issued 2022 Credit Reference Bureau Regulations have revoked the 2005 Regulations and permit credit reference bureaus to release information to entities that are not controlled by the Central Bank.
Ministry of Lands, Housing and Urban Development has issued a directive outlining new requirements for land transactions involving executors and administrators of estates.
The 2022 amendments to companies and insolvency laws seek to streamline operations of companies (and insolvent companies and individuals) by addressing inadequacies as well as administrative and operational shortcomings in the laws.
Several 2022 amendment Bills have been passed by the Parliament with provisions intended to strengthen and implement a system of sanctions for violations of “beneficial ownership” transparency obligations for legal persons and arrangements as recommended in
The East African Court of Justice finds that, in flouting its own municipal law in seizing and selling a commercial mall, Rwanda acted in contravention of the rule of law under the East African Community Treaty
Court of Appeal holds that it is illegal for an employer to terminate an employment contract under the guise of redundancy if the conditions for the termination—as set out in the employer's human resource manual—are not
High Court holds that referral of a dispute to arbitration requires evidence by way of a formal application and cannot be entertained in the form of a preliminary objection on the point of law without such
Supreme Court holds that “granite” is not a mineral (as to require a mining licence) but stone commonly used for building or similar purposes, and further holds the Mining Act’s definition of building or industrial mineral
The ALP Compliance Memo 1/2022 provides an insight into the Landlord and Tenant Act 2022 that was recently passed as a new Law in Uganda. The article highlights the responsibilities that Landlords and Tenants need to
Article No 1/2022 of the ALP Law Review Series is an analysis on the emerging culture of trade wars in East Africa especially between Uganda and Kenya.
The Succession (Amendment) Act, 2022 repeals provisions of the Succession Act, Cap 162 that were declared unconstitutional by the Constitutional Court in 2007, re-defines the distribution of estates of intestates, and provides for the duration of
Proposed amendments to the electricity sector law—via the Electricity (Amendment) Bill, 2022—seek to address the sector’s institutional regulators and to allow isolated power generation plants to sell electricity to distribution companies or directly to consumers for
The Succession (Amendment) Bill, 2021 seeks to accord equal rights between men and women under the succession law in terms of domicile, property, residential holdings, maintenance, guardianship, etc. and address the lacuna in the law in
Article No 3/2021 of the ALP Law Review Series addresses the East African Monetary Union, its current set up and the challenges being faced to implement this stage of integration in the East African Community. This
Lands ministry requires identification of parties in land transactions—as vendor and purchaser are to appear before the Registrar in respect of land transfers, and likewise a caveator or mortgagor in respect of releases of any kind.
Uganda’s labour disputes law was amended in 2020 and came into force on July 23, 2021. The amendments strengthen the Industrial Court with more judges (and panels) and the powers, tenure, and conditions of service of
Court of Appeal holds that where the Articles of Association of a company do not restrict transfer of shares to non-Ugandan citizens, the company is deemed a foreign company and cannot hold mailo land irrespective of
COVID-19 has continued to hold sway as a pandemic on public health and healthcare. While other parts of the globe were into fourth and fifth waves as of mid-2021, Uganda was hit with its second wave
The Public Procurement and Disposal of Public Assets Act has been amended to provide for timely and effective resolution of public procurement disputes. The amendments became effective on July 2, 2021 and are to be implemented
Religious disputes—that are purely ecclesiastical or doctrinal such as the appointment of ministers—are not within the jurisdiction of civil courts. However, an exception may be made where the dispute is either civil or involves property.
High Court holds that the Registrar of Companies, while discharging his or her quasi-judicial functions, is immune from any civil or criminal suits brought either against individual registrars or the institution.
The fact that Kenya maintains an unhealthy trade balance with the UK where the UK imports into Kenya far outmuscle Kenya’s exports to the UK is a major concern on elimination of customs on UK imports
High Court underscores a difference between incorporation of a company and its registration for purposes of foreign presence, and holds that a foreign company need not register in Uganda unless it has the intention of establishing
High Court holds obiter dictum—in an application for leave to defend a summary suit—that, for purposes of vitiating contractual obligations, the economic impact of COVID-19 shall depend on the provisions of the contract and the unique
Court of Appeal adopts the doctrine of legitimate expectation—a doctrine with roots in public law—in Uganda’s employment law and determines that an employer is required to provide a reason for termination of employment that goes against
The full realisation and implementation of Mutual Recognition Agreements (MRAs) to facilitate the free movement of professional services in the EAC Common Market has remained a far-off reality since the commencement of the EAC Common Market
Trade in the East African Community (EAC) region is operational mainly under a legal regime underpinned by the Protocol on the Establishment of the East African Community Common Market(the “Common Market Protocol”) and the Protocol on
Court of Appeal affirms the misconduct of an employee as a basis for summary dismissal must be verifiable and not just mere allegations. It explains that gross misconduct must be proved by a disciplinary hearing that
Court of Appeal affirms need to give literal and ordinary meaning in interpreting terms of contracts of employment. Further, it upholds the necessity for fairness in the proceedings of disciplinary committees while noting they are not
Industrial Court finds informal discussions about an employee’s performance not to amount to a disciplinary hearing and called for minimum standards of natural justice in disciplinary procedure. The Court held a termination based on such discussions
Parliament of Uganda enacts amendments to electoral laws as country gears for 2021 general elections. It is an effort at electoral law reforms straddling between aligning with recommendations of the Supreme Court and the 2018 constitutional amendments.
Court of Appeal affirms requirements of notice and reasons in termination of an employment relationship and that an employee who rejects payment in lieu of notice is entitled to a hearing. Further, it upholds salary loan
High Court’s Family Division outlaws practice of husbands bequeathing matrimonial property to an heir and, in effect, upholds a woman’s equal rights during and after marriage. Crucially, the Court also affirmed as defective a will that
High Court grants leave for publicly listed companies to convene AGMs by electronic means or virtual platforms in wake of impracticality, owing to COVID-19 restrictions, of in-person meetings, subject to prior no-objection from the Securities Exchange
The High Court found the 2017 regulations amending the schedule of the trade licensing legislation to conflict with specific laws regulating the legal profession and the pharmaceutical and clearing and forwarding businesses. The Court held it
Uganda has been described by the oil industry press as Africa’s ‘hottest exploitation frontier’. Accordingly, Uganda’s Albertine Graben is estimated to hold more than 6 billion barrels of oil, placing Uganda among the foremost African oil
This Alert addresses the implications of the new directive by the Ministry of Gender, Labour & Social Development to employers as regards submitting labour returns and statistics of their employees.
This Business Survival Toolkit offers guidance to business entities and entrepreneurs on how to manage in the wake of COVID-19 measures, particularly in respect of transnational engagements (contracts, employment, tax); survival (insolvency); and overall regulatory compliance
In a bid to respond to emerging public health concerns, the government of Uganda has issued several regulations, including Public Health (Notification of COVID-19) Order, SI No 45/2020; Public Health (Prevention of COVID-19) (Requirements and Conditions
Companies registered in Uganda run risk being struck off the Register of Companies for not having filed Annual Returns
The High Court rules that employee appraisals should be conducted in accordance with standards and set timelines and the absence thereof subjects decisions of public officials or bodies on non-renewal to concerns over unfairness, arbitrariness and
Article No 2/2020 of the ALP Law Review Series addresses disputes over customs and trade in the context of regional trade integration in the East African Community (EAC). The article reviews three decisions rendered in 2019
Article No 1/2020 of the ALP Law Review Series reflects on the role of the courts in Uganda in arbitration and in particular the attempts to use judicial review to challenge decisions of arbitral bodies and
Ministry of Lands, Housing and Urban Development temporarily closes its Ministry Zonal Office, Surveys and Mapping, Land Registry and Land Administration Offices w.e.f. January 4-21, 2020
Industrial Court has unlimited jurisdiction on remedies it can order. A hearing envisaged under the employment law is not a requirement to hold a 'mini-court' and can be through letter, email or face-to-face. Employers are not
In this issue, we would like to inform you about the decision by the Uganda Registration Services Bureau to enforce the statutory fine on companies for late filing of annual returns.
The EACJ has thus ruled that the respondent is prohibited from implementing the impugned decision or in any way disposing of the applicant’s interest in the subject property, pending the hearing and determination of the application
On 30th July 2014, the Appellant’s contract with his Employer was terminated and in April 2015, he lodged a complaint with the labour officer citing unfair termination under Section 69 of the Employment Act 2006 and
Since 2010, the five partner states, Kenya, Burundi, Rwanda, Uganda and Tanzania have aimed at having the EAC as a single customs union. The scope of co-operation is as provided in Article 5 of the Protocol
If you are looking for a homegrown, reliable, efficient, futuristic firm built with unparalleled understanding of the East African region, individuals and business perspective, then Africa Law Practice Advocates East Africa is the place for you
The UK has promised to pass legislation that will protect and promote trade with developing countries. To do this however, the legislation has to be similar to the EU's Generalised Scheme of Preferences. Yet you only
If you are looking for a homegrown, reliable, efficient, futuristic firm built with an unparalleled understanding of the East African region, individuals and business perspective, then ALP East Africa is the place for you.