Litigation and Arbitration
Milestones
Litigation
•Successfully represented the Uganda Communications Commission (UCC) in respect of a suit lodged by a private citizen challenging the Digital Migration exercise undertaken by the [Uganda Communications Commission] UCC under the Digital Migration Policy of 2011.
• Successfully defended [Uganda Communications Commission] UCC, which took over the case from the Broadcasting Council, in a suit lodged by Traces (SA) CC. The suit emanated from the termination of a contract for the collection of Television License Fees by the Government of Uganda. The value of the claim
was USD $ 513,295,409.54.
• Successfully represented MTN Uganda Limited in the only case worth USD.2.5 million dollars that has ever been litigated in Uganda relating to payments under an Interconnection Agreement between Uganda Telecom Limited and MTN Uganda Limited for international traffic that was being terminated in the network of a third party telecommunications company in a foreign country in as much as the code used was a Ugandan code. The Supreme Court of Uganda confirmed the findings of all the lower courts and upheld the termination rates claimed by MTN Uganda Limited.
• Successfully defended UCC in multiple suits and applications arising from the temporary suspension of social media platforms.
• Successfully represented Uganda National Roads Authority in litigation worth 67 million Euros against REYNOLDS.
• Successfully defended MTN (U) Limited in a suit about the legality of mobile money transactions, and had the suit dismissed.
• Successfully defended the President of the Republic of Uganda in three presidential election petitions in 2003, 2006 and 2016 respectively.
• Successfully defended the former Speaker of the East African Legislative Assembly, Hon. Margaret Zziwa, at the East African Court of Justice in the matter regarding her unlawful impeachment.
• Successfully represented Orient Bank Ltd in a USD 2.5 million dispute.
• Successfully represented ALLMUSS properties Uganda Ltd, a hitherto joint venture, in a USD.4.5 million dollar dispute against a Ugandan company that was a shareholder.
Arbitration
The firm successfully represented Uganda National Roads Authority (UNRA), in an arbitration dispute worth USD. 20 Million (United States Dollars Twenty Million Only), which was concluded in January, 2013.
• The firm represented Tullow Uganda Operations Pty Ltd in an arbitration
• dispute with the Government of Uganda over the capital gains tax assessed by URA worth USD 500,000,000 (United States Dollars Five Hundred Million
Only).
• Successfully represented Uganda National Roads Authority (UNRA) in an arbitration dispute worth 67 million Euros instituted by Salini Construtori.
• Successfully represented Tullow Uganda Operations Pty Ltd in an arbitration
• dispute with the Government of Uganda over the capital gains tax assessed by URA worth USD. 500 Million.
• Representing Solar Now Services (U) Ltd in an on-going arbitration claim worth USD 1.5 million against the Rural Electrification Agency represented by the Attorney General arising from the implementation of a subsidy agreement for the extension of rural electrification using solar systems.
• Successfully represented the UCC in arbitration proceedings lodged by its former employees arising from a restructuring exercise carried out in 2016, with an aggregate claim of USD.3.5 million dollars.
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