Never miss a beat on Africa's legal and regulatory landscape.
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..
Banks and other financial institutions should take note of the new resolution framework that came into effect on 1 June 2023. These legislative changes stem from the global financial crisis and the Group of Twenty’s request that the Financial Stability Board provide a lis..
South African regulators have now defined crypto as a financial asset. But what does it mean in practice?
The High Court of Uganda has in Translink Limited v Standard Chartered Bank (U) Limited, High Court Civil Suit No 415 of 2019 re-examined the scope of a bank’s duty of care to its customer in the context of an online or digital transaction. The Court stated that a b..
Over the past few years, Digital Money Lenders have become increasingly common in Nigeria, as traditional financial institutions have more stringent requirements for providing loans to customers.
On 12 April 2023, the Court of Appeal (COA) reaffirmed its previous position regarding liability of the borrower who pledged a security that turned out to be insufficient at the time of realization of the property. The factual background of the case is that the bank had s..
The Daily Nation published a newspaper article on 21st March 2023 which has elicited much concern, especially from lenders on the issue of guarantees as security for a debt, with financiers worrying that guarantors, who are supposed to be a fallback when a loan goes bad, ..
The High Court held the in duplum rule in Section 44 of the Banking Act does not apply to non-deposit taking microfinance institutions.[i] The rule limits interest accrual to equal the principal amount outstanding when a loan becomes non-performing. We a..
