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ENSafrica

The Petroleum Supply (Amendment) Bill, 2023: Anti-competitive or not?

The Petroleum Supply (Amendment) Bill, 2023 (“the Bill”) that seeks to amend the Petroleum Supply Act, 2003 was tabled before Parliament for the first reading on 31 October 2023. The Bill aims to do the following:

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ENSafrica

Striking off of companies – the new regime

Uganda has published new regulations under the Companies Act (“the Act”) that provide for, among other things, striking off a company from the companies register. Striking off refers to the administrative process of removing a company from the register if a company is dor..

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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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ENSafrica

Uganda’s Competition and Consumer Protection Act: delayed, but all is well

Uganda’s recently passed Competition and Consumer Protection Act still awaits Presidential assent and coming into force. However, a recent positive resolution of an impasse relating to a Presidential directive in the media industry is a good sign for the coming law.

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MMAKS Advocates

Towards a vibrant mining sector in Uganda: a review of the new Mining and Minerals Act

Uganda is a mineral-rich country with vast deposits of gold, uranium, limestone, marble, graphite, iron, copper, and cobalt, among others. Whereas its mining sector once accounted for 30% of the country’s export earnings in the 1950’s and 1960’s, today the sector’s ..

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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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S&L Advocates

Uganda case alert – banks have no duty to reverse online payments made by a customer

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..

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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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ENSafrica

The importance of performance guarantees in infrastructure projects in Uganda

 

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