JByamukama & Co. Advocates

Wishing all Muslims and their loved ones a joyous Eid-Al-Fitr filled with blessings, peace, happiness, and unity. Eid Mubarak to you all! 🌙

Wishing all our Muslim brothers and sisters strength, blessings, peace, and spiritual fulfillment throughout this holy period of Ramadan. Ramadan Mubarak!

Happy International Women's Day to all women around the globe.

At JByamukama&Co.Advocates, we believe that women are the real architects of society. Let’s commit advocating for a world that fronts gender equality and the rights of women.

Today marks the start of the sacred period of Lent. May this journey be one of conversion, spiritual renewal, transformation, and grace. May we strengthen our relationship with Jesus Christ and seek inner transformation through fasting, prayer & and acts of generosity.

Happy 38th Liberation Day Uganda.

Wishing you a Merry Christmas and a Happy New Year filled with blessings, prosperity, and abundance. May you be surrounded by love, peace, and warmth during this festive season.

Today we join the rest of the world in commemorating World AIDS Day 2023, under the theme “Let communities lead”. As a firm, we celebrate and recognize the invaluable contributions of communities in leading the response to HIV/AIDS.

People living with HIV face discrimination that prevents them from accessing the care they need. Our firm is dedicated to being part of the renewed promise to end the stigma associated with the HIV/AIDS epidemic. Let us all be reminded that people living with HIV/AIDs have equal rights under the law. Medical professionals are enjoined to live up to the Hippocratic Oath and keep the results of HIV living persons confidential and desist from unjustifiably disclosing them to third parties especially where the science of HIV transmission does not support it.

At JByamukama & Co. Advocates, we have made efforts to promote the rights of HIV-living persons while representing the petitioners in UGANET & 2 Ors v Attorney General; Constitutional Petition No. 24 of 2016 challenging the constitutionality of Section 18(2)(e) and (h) of the HIV and AIDS Prevention and Control Act, 2015, which permits disclosure of results of HIV tests to any other person with whom an HIV infected person is in close and continuous contact.

Case Alert📌📌 The High Court can hear EALA Election Petition – Court of Appeal rules.

The Court of Appeal in EPA No. 5 of 2023; Agaba Gilbert & Ors V AG & 11 Ors unanimously held that the High Court has jurisdiction to hear petitions arising from elections of Representatives to the EALA.

The Petitioners Agaba Gilbert, Lolem Josephine, Nakitende Salaama Adelaide and Bwengye Lauben Muhangi were candidates in the EALA elections conducted on 29th September 2022. The Petitioners aggrieved with how the election was conducted by the Speaker and clerk to parliament filed Election Petition No. 02 of 2022 in the Civil Division of the High Court of Uganda.

The Court of Appeal then directed that the Election Petition No. 02 of 2022 be remitted back to the High Court for determination on its merits before a different judge.

Follow details on: https://jbyam.com/the-high-court-can-hear-eala-election-petition-court-of-appeal-rules/

Uganda’s Court of Appeal upholds Employer’s Right to Terminate Employment Contract for No Cause in Stanbic Bank (Uganda) Limited vs. Nassanga Saphinah Kasule.

Full analysis available on: https://jbyam.com/ugandas-court-of-appeal-upholds-employers-right-to-terminate-employment-contract-for-no-cause-in-stanbic-bank-uganda-limited-vs-nassanga-saphinah-kasule/

The full Presentation at the ULS Banking Symposium 2023 by our Managing Partner Mr Jude Byamukama is now available on: https://jbyam.com/recent-judicial-decisions-affecting-ugandas-banking-sector/ discussing the recent key judicial decisions affecting the Banking sector in Uganda. Kudos
Uganda Law Society for this initiative. .

Supreme Court Holds Employer Liable for New Employee Contract Repudiation

In the landmark case of Surgipharm Uganda vs. Anatoli Batabane, Supreme Court Civil Appeal No. 11 of 2020, the Supreme Court delivered a significant judgement that sheds light on the legal consequences that unfold when an employer repudiates a contract of employment before its performance commences. This pivotal decision not only establishes the liability of an employer for damages resulting from a breach of contract but also outlines the conditions under which such a repudiation can trigger claims for compensation by the aggrieved party. This article delves into the details of the case and the court’s decision, unraveling the nuances of repudiation within the framework of employment contracts. It also delves into the court’s discerning assessment of damages and the reasoning underpinning its decisive judgment.

Find the full article at: https://jbyam.com/supreme-court-holds-employer-liable-for-new-employee-contract-repudiation/

Our team leader will be hosted on the morning breeze on NBS TV shortly at 8:00am discussing Electoral Reforms and the Road to 2026 polls. Tune in!

During our strategic meeting held at Sheraton Hotel today. The firm is deliberating on our strategic direction.

Uganda’s Supreme Court clarifies the law on contempt of court

Last year, Uganda’s Supreme Court clarified the jurisprudence on contempt of court. In Betty Kizito vs Dickson Nsubuga & 6 others (Civil Application Nos.25 & 26 of 2021 arising from Civil Appeal No.8 of 2018), the supreme court addressed the nature of contempt proceedings as well as the distinction between criminal contempt and civil contempt.
The justices held that contempt proceedings are between the alleged contemnor and the court. The party who takes out a motion for contempt is merely relying information to the court about an alleged contempt but the actual proceedings are really between the court whose orders have been defied and the contemnor.

Read Full article on: https://jbyam.com/ugandas-supreme-court-clarifies-law-on-contempt-of-court/

Eid Mubarak! May Almighty Allāh answer all our Muslim brothers and sisters' duas, forgive their sins, remove their hardships, and increase their blessings. Wishing you all a wonderful Eid day.

We express our earnest commiseration with the legal fraternity, judiciary & family on the untimely demise of Hon. Lady Justice Stella Arach Amoko.

In the passing on of Lady Justice Stella Arach Amoko, the Supreme Court of Uganda and the nation have lost a very sober, great towering legal mind who served the Judiciary with utmost dedication, passion, utmost humility, and commitment. Her noble service in dispensing justice will always be remembered.

We pray that the Almighty God will comfort the family and loved ones at this hour of grief.

May her soul rest in eternal peace.

Supreme Court okays syndicated lending between foreign banks and Ugandan local banks
In a highly anticipated decision in SCCA 13 of 2021 Ham Enterprises Ltd & 2 others vs Diamond Trust Bank (U) Ltd & another, Uganda’s Supreme Court ruled on Tuesday 14th June 2023 that a syndicated loan facility arranged between a local bank Diamond Trust Bank Uganda Limited and a foreign bank for benefit of Ugandan borrowers, Ham Enterprises Ltd & Kiggs International (U) Ltd is lawful and does not contravene the Financial Institutions Act 2004. Additionally, the court ruled that no legal provision forbids foreign financial institutions from extending credit facilities to any financial institution or person in Uganda.

See full link: https://jbyam.com/supreme-court-okays-syndicated-lending-between-foreign-banks-and-ugandan-local-banks/

We remember and celebrate all our heroes and heroines for their inspiration, courage, sacrifice, and service to our great nation. Happy National Heroes' Day!

Happy Martyrs' Day! We join the rest of the Christians in Uganda to commemorate this great day. We are inspired by their immense faith and sacrifice of these great heroes for the noble cause of Christianity.

"Never give in except to convictions of honor and good sense."

-- Winston Churchill

JByamukama & Co. Advocates updated their website address.

JByamukama & Co. Advocates updated their business hours.