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Great Mabawa Associates

Name: Great Mabawa Associates
Address: Ntinda, Kampala, 0000, UG
Telephone: +256701584036

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The official page of serial entrepreneurs and professionals dedicated to discussing and disseminating current legal issues, Business, Tax and General consultancy.

15/10/2024

Our Radical President of Uganda Law Society has expelled the Attorney General, Solicitor General, and their representatives from Council with immediate effect.

24/09/2024

OFFICE ROMANCE....

“Nothing is more degrading than for a third party, an employer, to intermeddle in a love relationship between two consenting adults.”

Court in MARK NGUGI MWAURA VS GAS KENYA LIMITED CAUSE NUMBER E 232 OF 2021, rules employers cannot ban office romance...

If you want a full judgement provide your email or Whatsapp No.

12/09/2024

HIGH COURT CIVIL SUIT No. 684 of 2019

Judgement delivered on 19th August 2024 raises pertinent concerns about the evolution of sharia law into a predominantly conventional law landscape and its impact on the administration of Islamic financial business.

Briefly, the dispute was premised on a breach of contract by the plaintiff, who had entered into a Murabaha (cost plus) financing arrangement with the microfinance support centre to purchase hospital equipment to which it defaulted on the repayment and eventually, the mortgaged property was sold .

My thoughts about this case are;-

a) The Murabaha agreement between the parties had a clause which read;-

"This agreement is governed by and shall be construed in accordance with Sharia law and the Laws of Uganda. All competent courts of Uganda shall have the non-exclusive jurisdiction to hear and determine any action, claim or proceedings arising out of or in connection with this agreement".

In light of the foregoing, given the unique situation of the applicability of laws, it would have been prudent to state clearly which parts of the agreement applied to which laws. For example, the procedure that was adopted in effecting the sale of the mortgaged property by public auction was guided by the Mortgage Regulations, 2012 as amended.

In the absence of an amendment to the mortgage act to provide for sharia-compliant mortgage procedures, it should have been construed clearly in the agreement that Ugandan law (for enforcement purposes) will apply to these processes and not have both laws stated as applying concurrently.

b) Throughout the judgment, both court and counsel referred to the Financial Institutions( Islamic Banking) Regulations No. 2 of 2018 to place the Murabaha transaction under Ugandan law.

The facts, however, show that the facility was taken out on 3rd May 2017 from the Micro Finance Support Centre Ltd, a government-owned institution whose mandate is to offer affordable credit and business development services to its target clientele. The Financial Institutions( Islamic banking ) Regulations had no place in substantiating these facts since the lender was not licenced by the central bank under these regulations to conduct Islamic financial business. Furthermore, the regulations were passed in 2018, a whole year after the parties had entered into the Murabaha agreement. It is a general legal principle that the law does not act retrospectively.

This decision highlights the regulatory bottlenecks that still exist in achieving an optimum operationalization of the Islamic economy and furthering a clear and conducive environment for Islamic financial business to thrive.

Credit: Lawpointug x

14/10/2022

Yesterday HE. assented the four bills into Law. You might interest yourself in No.4 if you want to enjoy Christmas with family and friends. And if you cannot keep your opinions to yourself or within your circle just get to your corner and do you.

But you can equally post your opinions then contact us and we shall give you the very best legal representation in the courts of law.

01/09/2022

It is unfortunate that the same NIRA that cannot differentiate between the relevance and use of a DEED POLE and STATUTORY DECLARATION, is the same that is promising Ugandans that there will be a verification process on who between NIRA and the Uganda made a mistake on the name so as to determine whether or not to charge the fine for the error.
Just unfortunate!!!

23/06/2022

CASE FUNDING.....

Due to the rising uncertainties in life. We've chosen to do the little we can to help this situation.

IF U HAVE A CASE IN COURT OR WISH TO HAVE UR DAY IN COURT AND DONT HAVE THE FUNDS TO ENSURE THAT U RECEIVE JUSTICE, INBOX US TODAY AND WE SHALL FUND YOUR CASE UP TO WHEN JUDGEMENT IS DELIVERED AND EXECUTED.

N.B WE ONLY FUND CASES THAT HAVE A HIGH PROBABILITY OF SUCCESS.

WHATSAPP: 0701584036
EMAIL: [email protected].

23/05/2022

Tell a friend to tell a friend.

21/03/2022

REST IN PEACE.

Condolences continue to pour in over the death of Speaker of Parliament Jacob Oulanyah with politicians across different parties recalling his contribution to the country.

However, we have decided to make you understand what happens when the office of the Speaker of Parliament goes vacant.

Article 82 of the constitution creates the office of the Speaker and the Deputy Speaker of Parliament. It is to the effect that the Speaker and the Deputy Speaker are to be elected from among the elected Members of Parliament.

The Article equally makes the members of the cabinet or the Executive ineligible to be elected as Speaker and Deputy Speaker.

Similarly, no business can be transacted in Parliament before the election of the Speaker. The core responsibility of the Speaker of Parliament is to chair business in the house. This means that at any point the position is vacant, no business shall go ahead in Parliament until the position has been filled.

The election of the Speaker is presided over by the Chief Justice or any Judge designated by the Chief Justice. Upon the election of the Speaker, he or she presides over the election of the Deputy Speaker. The election of the Deputy Speaker is equally done in the first seating after the office has fallen vacant.

Article 82 also outlines the conditions under which a person may seize to be a Speaker or Deputy Speaker. This can be through appointment to a public office, becoming a member of the cabinet, he may also resign in writing addressed to the clerk of Parliament or through a resolution supported by two-thirds of Members of Parliament, or finally if he or she seizes to be a Member of Parliament.

The Parliament is given powers under the Constitution of the Republic of Uganda to determine the salary and any allowances for the Deputy and Speaker of Parliament and these salaries shall be charged on the consolidated fund.

Finally, the law provides that for the Speaker and Deputy Speaker to assume office, they must take an oath of allegiance as prescribed and provided for under the Constitution.

22/01/2022

BE INFORMED

01/12/2021

DIGITALISATION OF THE LEGAL SECTOR .......
THE FUTURE....

The legal services sector is witnessing a seismic shift that is having a profound impact on the practice and the profession of law.
Key among these is the rise of data-driven information technology, the globalisation of economic activity, and the democratisation of knowledge.

This means that legal clients are more sophisticated today and like others are driven and influenced by global trends, among others.

Legal clients demand more control over their legal matters, the choice of legal service provider, and more transparency from law firms in forms like the unbundling of the specific services that come under the package of “legal services”.

The legal services sector is a classic prototype of an industry on the precipice of disruption wherein those incumbent firms that do not take steps to improve and align their processes, incentivize efficiency, and adapt more efficient and client-centred ways of doing business will ultimately succumb to disruption.

The 2021 Walters Kluwer Future Ready Lawyer report found that technology-adopting leaders (in the legal services sector) out-performed those who stuck to legacy methods of doing things. The common denominator in all disruptive technologies is that they result from innovative entrepreneurs backed by venture capital.

The legal services industry is, therefore, at the verge of disruption not on the account of law firms driving change, but because venture capital and tech innovators are finally turning their attention to the industry. Venture investment in the sector has risen from $1billion in 2018 to over $4billion in 2021, according to Legal Tech.

The disruptive technologies in the sector range from collaborative technologies to digital documents generation, automated workflow, e-filings and more.

The acceptance of and popularity of legal tech has increased partly due to the Covid-19 pandemic, which forced a change in attitude even among the most conservative of practitioners.

These changes are leading to a liberalisation of the sector away from its rigid and conservative roots and the advent of new business models and organisational structures for the practice of law.

These trends are driving a move towards efficiency and what is now referred to as “value” billing, whereby legal work is priced not by the input by the lawyer or law firm, but by the actual value add or benefit to the client.

Vague parameters such as number of years in practice/ experience, quality and opulence, eloquence in speech or oratory, etc. are no longer enough. Reputation and credentials are also no longer enough, and have been replaced by actual value measured by clearer and more determinate metrics and parameters.

Legal tech has the potential to replace routine tasks and therefore deliver efficiency and cost savings in the sector. Software applications today can trace, customize and analyse legal data and even develop pattern-recognition techniques. The value add for clients in this is the dramatic shortening of the time needed to deliver legal services which is a cost saver to them.

For example, UK law firm Allen & Overy in conjunction with major banks produced a tech based legal solution called “Rulefinder Shareholder Disclosure” to navigate rules of international shareholder regulation. According to McKinsey and PWS studies, 25percent of lawyers’ time can be automated.

On our home tuff, law firms are championing automated document generation and consultation through a dedicated portal on their website. Courts and other public legal service providers have also been keen to adopt those technologies that drive efficiency.

During this time, Zoom has been the most used tool by law firms followed by Microsoft Teams both growing 37 per cent and 36 percent respectively compared to previous year. Tasks that traditionally took several man-hours to accomplish, can now be accomplished in a matter of minutes.

Legislation similarly needs to move on and recognise current changes and trends brought about by technological advancement. It is time for the Uganda Law Society to champion and offer leadership for legislative and other market changes that will enable the sector to catch up and remain resilient in the face of disruption. Otherwise technology will render the sector exhaustive.

29/09/2021

BAIL AND THE PROPOSED AMENDMENT OF ARTICLE 28 OF THE UGANDAN CONSTITUTION.

Uganda is a governed by a criminal judicial system not a civil judicial system. A criminal judicial system, one if presumed innocent untill proven guilty or until he/she pleads guilty. While in a civil judicial system, one is presumed guilty until he/she is proven innocent.

Bail is a constitutional right guaranteed by the constitution, being granted bail on the other hand is only at the discretion of the judge/ magistrate.

If the constitution is changed (as I believe it will coz we know when "MPS are given time to go and think" they always come back with a changed heart, so if it happens I won't be surprised if it doesn't I will definitely be surprised. Anyhow if /when this is changed it will affect the MPS and anyone who will be a threat to another with "connections.

Either way, as sad as this will be, assuming article 28 is changed, we continue to hope for a stronger judicial system in the near future.

22/09/2021

ALTERNATIVE DISPUTE RESOLUTION

ADR procedures are usually less costly and more expeditious. They are increasingly being utilized in disputes that would otherwise result in litigation or going to court, including high-profile labor disputes, divorce actions, and personal injury claims.

With the help of a professional, a court case that would cost one millions and take years to get done would take the shortest time both parties happy and the results final.

Contact us today for more details on
+256701 584 036 or +256 779 675 980

Address

Ntinda
Kampala
0000

Telephone

+256701584036

Website

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