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MWC Legal

Landmark Judgement: The Onus of Proving Land Title Validity Shifts to the Buyer

The Supreme Court of Kenya recently rendered a landmark decision in the case of Dina Management Limited v County Government of Mombasa and 5 others (Petition No. 8 (E010) of 2021), on 21 April 2023, carrying far-reaching implications for property investors and stakeholder..

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ENSafrica

Licensing of foreign lenders in Uganda: much ado about nothing

The Supreme Court of Uganda gave its judgment last week in the much-anticipated appeal by Ham Enterprises against Diamond Trust Bank Uganda and Diamond Trust Bank Kenya. The court held that a lending transaction between a foreign bank and a Ugandan borrower does not const..

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ENSafrica

New judgment shows that electronic contracts are becoming more acceptable in SA law

On 1 June 2023, the Johannesburg High Court published its judgment in the matter of FirstRand Bank Limited t/a Wesbank v Leon Gregory Govendor (we note that the spelling of “Govendor” in the neutral citation is different to that used in the ci..

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Adams & Adams

Back to College at the Supreme Court of Appeal

The Supreme Court of Appeal (SCA) of South Africa recently delivered a judgment in a trade mark infringement case between iCollege (Pty) Ltd (“iCollege”) and Xpertease Skills Development and Mentoring CC (“Xpertease”). The Court found that Xpertease’s use of a mark that c..

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Cliffe Dekker Hofmeyr

A game changer for taxpayer confidentiality: The Constitutional Court decides in a narrow 5-4 split decision

While public interest litigation is a common occurrence in South Africa, it seldom involves the area of tax law. However, pursuant to the Constitutional Court’s judgment Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service and Others[2023..

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Bentsi-Enchill, Letsa & Ankomah

The Foreign Investor Loses It All: A Cautionary Tale to Multinational Corporations

The Supreme Court of Ghana (Supreme Court) has on several occasions held that international business or economic transactions (IBET(s)) involving the Government of Ghana (Government) that are not approved by the Parliament of Ghana (Parliament) are unconstitutional. In th..

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Bowmans

Tanzania: Civil Case No. 7 Of 2019 Ivanna Felix Teri (Plaintiff) Vs. Viettel Tanzania Plc. (Defendant) and Set Up Company Ltd. (3rd Party)

On the 7th of March 2022, the High Court considered the principle of the right to privacy and dignity. In the suit, the Plaintiff claimed a sum of Tshs 800,000,000 as damages for unlawfully using her pictures in marketing and promoting the Defendant's business witho..

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KN Law

High Court Muddies the Waters on Enforcing Lending Securities

A recent High Court ruling will have lenders scratching their heads on how to best secure facilities they issue and enforce full repayment. The High Court, in a decision we expect to be challenged, held a lender who had been allowed to purchase the property securing ..

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Bowmans

Kenya: NSSF Act, 2013 declared constitutional by Court of Appeal, higher contribution rates now in effect

The Court of Appeal has set aside the judgment of the Employment and Labor Relations Court (ELRC) that declared the National Social Security Act, 2013 (NSSF Act) unconstitutional. 

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