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Orison Legal

Public interest litigation – Mauritius court leaves door half open

In a judgment delivered on 21 March 2023, the Supreme Court of Mauritius considered whether an attorney (solicitor), in his personal name and capacity, had standing to apply for a judicial review of the rules issued by the Chief Justice in relation to court fees. In short..

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MMAKS Advocates

A Look at the Covid-19 lockdown as an event of frustration in lease/tenancy agreements

Uganda faced its first COVID-19 lockdown on 18th March 2020 and it was only until 24th January 2022 that all aspects of the economy were fully “re-opened”. In the post lockdown era, it has become increasingly common in cases filed in Uganda courts, for parties to rely on ..

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Cliffe Dekker Hofmeyr

Fraudulent immovable property transfers: Fraud unravels all

The recent judgment handed down by Judge Adams in Botha NO v Leboko-Radebe and Others (16835/2021) [2022] ZAGPJHC 724 (22 September 2022), in the High Court Gauteng Division, Johannesburg, considered whether fraud should ..

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IKM Advocates

Supreme Court sets down standard guidelines on factors to be considered whilst making an order for security for costs

The Supreme Court on 17 February 2023 delivered a judgment in the case of Westmont Holdings SDN BHD v Central Bank of Kenya & 2 others [Petition No. 16 (E023) of 2021] (the Westmont Case) in which it outlined stand..

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The bare arbitration clause: why and how it works in Uganda: A study of the Vinci Coffee arbitration clause

A bare arbitration clause, like the one included in the government’s contract with Vinci Coffee, merely provides for the submission of disputes to arbitration without specifying the place of the arbitration, the number of arbitrators or the method for establishing t..

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Uganda: High Court reiterates process and jurisdictional immunity enjoyed by multilateral development banks

In a recent ruling in the case between M/s Semuyaba, Iga & Co Advocates & Anor v Attorney General of Republic of South Sudan and Two Others, the High Court of Uganda has held that unless authorised, the branch office of an international corporation is generally no..

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South Africa: Do not abuse process to silence critics

Civil society advocates, activists, and journalists play, among other things, a role in exposing or holding corporations accountable on matters of public interest. When confronted with negative publicity or scrutiny, well-resourced corporations have, on occasio..

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ALP East Africa

Tanzania ratifies protocol to empower regional court to handle business and investment matters

Tanzania’s ratification of the protocol extending the Court’s jurisdiction is another step towards a functional and well-structured trade and investment regime within the East African Community.

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Adams & Adams

Zurich Insurance Company 'hit by rock mass' in the Gautrain Tunnel

The Supreme Court of Appeal (“the SCA” hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD (“the insurer”) and the Gauteng Provincial Government (“the insured”), bringing to an end litigation that commenced early 201..

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