Arcadia Advocates

Arcadia Advocates


Yo avoid splittings.
Thank you Prossie Munabuddu .....when called upon, you never disappoint. Plus you must have enjoyed the audience of your former lecturers.

You drive for excellence supersedes you.
AA New in the Law Tracker #NLT Jan - March 2018 Issue - highlighting financial regulatory legislation and tax Bills tabled before Parliament.

#Amendment of the Rules governing the remuneration of advocates in Uganda which were made last year in December 2017 were finally published. The Advocates (Remuneration and Taxation of Costs) (Amendment) Regulations, 2018 (SI No. 7 of 2018) among others also amends the schedules to the Rules and inserts a new regulation 13A providing for "Pre-taxation meeting of advocates or parties". #AdvocatesRemuneration
Regulation of money lending business, Minister passed the Tier 4 Microfinance and Money Lenders (Money Lenders) Regulations, 2018 (SI No. 8 of 2018) operationalising the licensing of money lenders under the 2016 Act. #NLT #AALCD
For updates on laws published in the Uganda Gazette - #NLT
Please share within your circles.
#Bancassurance The Insurance Regulatory Authority of Uganda finally passed the Insurance (Bancassurance) Regulations, 2017.

The Regulations which were published as a supplement to the Uganda Gazette No. 39, Vol. CX of 14th July, 2017 are a fundamental milestone in operationalising bancassurance business in Uganda. A financial institution intending to act as a bancassurance agent has to be licensed by the Insurance Regulatory Authority to transact bancassurance business.

The passing of the said Regulations presents a business opportunity that has been under contemplation by a number of players in the banking sector.
On the whole, the Supreme Court’s decision in Rabbo Enterprises’ case was largely hinged on the phrase “subject to the provisions of this Constitution”, a phrase that Court applied against article 152 of the Constitution to arrive at the conclusion that tax disputes ought to be filed before the Tax Appeals Tribunal. However, the intention of the framers of article 152 is unmistakable. They only conferred onto Parliament the power to “make laws to establish tax tribunals for the purposes of settling tax disputes.” They did not seek to establish an exclusive mechanism through which all tax disputes could be resolved. Indeed, that provision does not contain any such proposition. #IsaacBakayana
#TaxMatters "The proper procedure therefore is that all tax disputes must first be lodged with (the) Tax Appeals Tribunal and only taken before the High Court on appeal." per Prof. Lillian Tibatemwa Ekirikubinza JSC in URA v Raboo Enterprises (U) Ltd & Another Civil Appeal No. 12 of 2004 (SC - 10th July 2017) (at p.14 line 32-34)
On June 22, Burundi’s National Assembly adopted draft law on the ratification of the East African Community Protocol on Sanitary and Phytosanitary (SPS) Measures (EAC SPS Protocol) pursuant to Section 8 of the Treaty Making and Ratification Act, 2012, essentially signaling the country’s approval of EAC SPS Protocol. #AALegalConsultancyDepartment

A top tier law firm offering "more than legal business" whilst journeying with clients as they achieve excellence with integrity.

Operating as usual

[09/22/21]   Constitutional Court: "No one, not even the BoU can be shielded from being answerable to the dictates of justice..."

[09/21/21]   Constitutional Court: "...there is a legitimate expectation on the part of members of the public requiring that those who have been implicated in corruption are prevented from earning from the crime. The public expects that, as a means of combating corruption, ill-gotten property will be returned to the national pursue once the suspect is convicted..."

[09/20/21]   Constitutional Court: "By mandate granted in Article 133 (1) (b) of the Constitution the Chief Justice under Legal Notice No.9 of 2009 established the Anti-Corruption Division as an administrative division of the High Court and not as a special court envisaged under Article 232 (2) (e) of the Constitution..."

[09/15/21]   High Court: "The bank must have disclosed where the money came from before the State concluded that it was a criminal source. You don't need a year to put that evidence together unless you are not serious."

[09/13/21]   High Court: "This song of "investigations are incomplete" is not itself sufficient cause to warrant an adjournment. The prosecution is obligated to inform court of vital steps taken to complete investigations before the court can decide if an adjournment is merited or not."

[09/10/21]   Court of Appeal: "Having acted in breach of those agreements, the Respondents could not claim general and mesne profits from the appellants."

[09/08/21]   Court of Appeal: The mere existence of a suit in itself does not as a matter of law prevent further dealings in mortgaged property.

[09/06/21]   Court of Appeal: "Where a mortgage expressly gave the mortgagee or the receiver express power to sell the mortgaged property by private treaty, the sale of the property by invoking such express powers was lawful."

[09/02/21]   Court of Appeal: "The 1st Respondent, on failure by all respondents to meet prompt and regular payments of the financial rentals, could not claim to have legitimate interest in the mortgage land, as a basis for lodging a caveat upon the same, against the interest of the 2nd appellant."

[08/31/21]   Court of Appeal: "Accordingly, Courts of Law do not interfere with the contractual rights of the parties that are freely and voluntarily agreed upon and expressed in a written agreement."

[08/26/21]   Court of Appeal: "The Court, in order to protect its own processes from being degraded and misused, must have the power to stay proceedings which have come before it and have only been made possible by acts which offend the court's conscience as being contrary to the rule of law. Those acts by proving a morally unacceptable foundation for the exercise of the jurisdiction over the suspect taint the proposed trial and, if tolerated will mean that court process has been abused."

[08/25/21]   Court of Appeal: "Each one of the appellants ought to have been aware of the illegality of the whole land transaction. They are presumed to have known the law. They received the said sum of UGX 60,000,000 from the 2nd respondent to carry out a transaction prohibited by law. It must be refunded..."

[08/23/21]   Court of Appeal: " of full age and competence and understanding shall have the utmost liberty in contracting and that their contracts, when entered into freely and voluntarily shall be held enforceable by the Courts of Justice."

[08/19/21]   Court of Appeal: "In a contractual situation, commercial pressure is not enough to prove economic duress."

[08/18/21]   Court of Appeal: If a company's articles of association do not restrict the transfer or issue of shares to non citizens, then it is a non citizen and cannot acquire mailo interest in land.

[08/17/21]   Court of Appeal: "...any civilised system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived from another which it is against conscience that he should keep."

[08/16/21]   Court of Appeal: No court will lend its aid to a person who founds his cause of action upon an immoral or an illegal act."

[08/10/21]   Before you enter the Supreme Court or any other court, first check yourself properly because if you are not steady, you are out!

[08/06/21]   Male Mabirizi v. Attorney General - High Court: "...the application by the Applicant wholly fails. None of the reliefs sought is available...the applicant shall pay the costs..."

[08/05/21]   High Court: The Chief Justice is the head of the Judiciary, responsible for the administration and supervision of courts in Uganda. He may issue orders and directions necessary for the proper and efficient administration of justice.

[08/04/21]   High Court: "The claim by the Applicant that the Chief Justice's Circular closed the courts is outrageous...the mere fact that the Applicant was able to file and pursue this application...should have been enough evidence...that the courts were not closed. It is not that the Applicant forced himself into a closed court."

[08/03/21]   High Court: The President has powers under the law to make orders and issues directives that have the force of law. The procedures to conclude this may come thereafter.

[08/02/21]   Do not just enter court fwaaa. The High Court has educated us that the law does not permit "meddlers or meddlesome interlopers" a "license to bring any kind of action into the court".

[07/29/21]   You are a professional "this or the other" but you love "cutting corners" "working smart" "engaging in sharp practice", "eating from all sides" , then if you fall below the "reasonable" "accepted" standard, then whatever you "swallowed" is coming back to ensure you sweat in the morning in the middle of a heavy down pour!

[07/28/21]   To those who claim to possess this or the other skill. If you are hired because of that skill and the other party is to rely on your work. If that work leads to trouble to your Client and your work falls outside the permitted margin of error, prepare your pocket (according to the gospel of a recent High Court decision).

[07/27/21]   And for professionals in all that you do always foresee danger in your work, be reasonable in that work- otherwise…

[07/26/21]   Get immunised and encourage all others to do so.

[07/23/21]   Do not listen to the noise from the crowd. Listen to the Ministry of Health, WHO and health experts who recommend that you get immunised immediately. Otherwise, we may be in lockdowns for life!

[07/22/21]   A company may “innocently” prepare a resolution, which later turns out to be a lion to you who relied on it. Whenever such documents are presented, read and scrutinize them. Make sure that even a “baby” cannot misunderstand them.

[07/21/21]   If you want court to believe you properly, you know you are correct and the opposite dude is not. The law places the duty on you to convince it very well that you are the truthful one and the other dude is a liar and likely to go to hell for telling lies. In English - you have the burden of proof.

[07/20/21]   Eid Mubarak our Muslim sisters, brothers, fathers, mothers, grand mothers, grand fathers and friends. Enjoy the rest of the day but do not forget to distribute that meat to the rightful beneficiaries!

[07/19/21]   If you are dealing with a company, do not just accept documents fwaa… ask some more questions, inquire also, go to the company registry look through the filings, read it’s articles. Just be sure. It’s always better to be cautious than look for lawyers after and also look for our fees!

[07/16/21]   Necta/Crane: The duty of directors - To operate within the express confines of the articles of association and to also take actions according to those very provisions.

[07/14/21]   Court of Appeal (Necta/Crane): It is not enough for you to assume that a company has ably complied with all its internal processes when dealing with it. You must prove to Court that you carried out some necessary diligence to ensure that it in fact complied with its processes!

[07/13/21]   Court of appeal (Necta/Crane): a company stamp is certainly not the same thing as a company seal. If the company’s constitution provides for authentication of its documents by way of seal - never use a stamp because the two are certainly not the same thing!



Acacia Avenue, Kololo, Kampala

Opening Hours

Monday 08:00 - 17:00
Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00
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