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Never miss a beat on Africa's legal and regulatory landscape.

Oraro & Co.

Thoughts on the Sub Judice Rule

On 17th August 2022, in Omwanza Ombati v. The Hon. Chief Justice, The President of the Supreme Court & 4 Others (2022) eKLR, the High Court (Thande, J) quashed the Supreme Court (Presidential El..

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MMAKS Advocates

Bank customers could be held liable for banking fraud losses

On 18 July 2022, the Ugandan High Court issued a landmark decision on the liability for loss suffered due to digital bank fraud in the case of Aida Atiku versus Centenary Rural Development Bank Limited, (the defendant/bank) Civil Suit No. 0754 of 2020.
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Clyde & Co.

When may a South African court find that a director owes fiduciary duties to shareholders

More than 100 years ago the Salomon principle – that a company is distinct from its members – was laid down. A pillar of this principle is that the fiduciary duties of a director are owed to the company, not its shareholder..

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ENSafrica

More confusion and inconsistency on whether employers must give reasons for terminating a contract of employment

Whether an employer must give reasons for terminating a contract of employment in Uganda remains uncertain. In its recent decision in Adam Kafumbe Mukasa v Uganda Breweries Limited, the Court of Appeal of ..

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Breakthrough Attorneys

Tax law update: What next for Tanzanian taxpayers with suppliers in South Africa

The Court of Appeal of Tanzania has recently made another landmark decision on the interpretation of the Agreement for Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes o..

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Dentons Hamilton Harrison & Mathews

High Court finds that Value Added Tax Regulations, 2017 are valid and have the force of law

The High Court on 31 January 2022 delivered judgment in Income Tax Appeal No E84 of 2020: Commissioner of Domestic Taxes v. W. E. C. Lines (K) Limited, dismissing the Kenya Revenue Authority’s appeal and also invalidating the Value Added Tax Reg..

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KTA Advocates

Lifestyle Equities CV and Lifestyle Licensing BV v Amazon UK Services Limited and 4 Others (2022) EWCA CIV 552: Question of expediency versus trademark infringement

In a world that is a global village, where the access to internet has undoubtedly
facilitated trade across continents, the position of e-commerce within the legal
framework of protection of intellectual property rights has increasingly become a
basis for recent c..

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Fasken

Directors beware: the court emphasises the importance of disclosure in Atlas Park Holdings (Pty) Ltd v Tailifts South Africa (Pty) Ltd

South African company law has long recognised the general rule that a contract made by a company with one of its directors, or with a company or firm in which that director is interested, is voidable at the instance of the company in question, unless the company’s s..

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Scanlen & Holderness

Zimbabwe: New case on enforceability of choice of law clauses

The issue of choice of law has come to the forefront with the advent of the African Continental Free Trade Area (AfCFTA) and the increase in international agreements.

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