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MMAKS Advocates

Notable intellectual property decisions from East Africa in 2023

MMAKS Advocates | ALN Uganda reviews some of the Intellectual Property (IP) rulings/judgements from 2023 within East Africa and this list is not in any particular order. Due to increased awareness of IP rights in the region, rights owners have taken precautionary measures..

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Kisch IP

Privacy caselaw and the key takeaways

Since the Protection of Personal Information Act No. 4 of 2013 (“POPIA”) came into effect, the courts have been seemingly reluctant to rely on POPIA in their judgments pertaining to privacy and data protection. Nevertheless, there are a number of judgements which deal wit..

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Streamsowers & Köhn

Data Protection Law and/or an Independent DPA are Prerequisites for a Positive Adequacy Decision in Nigeria: A Review of Ikigai V. NITDA

On 28 November 2023, the Federal High Court delivered its judgment in the case of Ikigai v National Information Technology Development Agency. The Plaintiff, Ikigai, a non-profit organisation, requested the Court to interpret the provisions of the Nigerian Data Protection..

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Bentsi-Enchill, Letsa & Ankomah

Setting an Ex Parte Order aside through an Ex Parte Application – The Standards are the Same

On 25 October 2023, the High Court in Nuumo Emmanuel T Antia We 6 Others v Nii Adotey Otintor II Another(Suit No GJ/0034/2024), pursuant to an ex parte application, granted an order of interlocutory injunction restraining the respondents from ‘handling, organizing, touchi..

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Punuka

The Federal Republic of Nigeria v Process & Industrial Developments Limited

The lawsuit initiated by the Federal Republic of Nigeria (“FRN”) against Process Industrial Developments Limited in the Commercial Court stands out as one of the most substantial international disputes related to arbitral enforcement. The anticipated verdict holds the pot..

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Norton Rose Fulbright

South African court refuses to enforce a foreign judgment

The South African High Court in Pretoria refused to grant an application seeking to enforce an interdict granted by a Bermudan court against a South African company that was at no stage present in Bermuda and did not submit to its jurisdiction. The court applied the princ..

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MMAKS Advocates

The Uganda Court of Appeal has upheld that employers can terminate employees without reason by providing notice or payment in lieu of notice

Court of Appeal; Civil Appeal No. 182 of 2021; Stanbic Bank (Uganda) Limited vs Nassanga Saphinah Kasule

 

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MWC Legal

A Win for Consumers – Court Awards Damages for Breach of Consumer Rights

In a recent High Court decision, Safaricom PLC (the Appellant) was condemned to pay KES. 452,868/= to Mr Ronald Wilson Kafwa (the Respondent), one of its customers being part of the amount of money lost by the Respondent from his M-pesa account after the theft of his mobi..

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ENSafrica

Why companies need to properly document the loans they receive

Financing company operations often involves borrowing from commercial lenders, private lenders and even the company’s own shareholders. Whether or not formal documentation of the loan is done is determined by the company size, the loan size and tenure, whether the company..

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