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7 COMMON CONSTRUCTION DISPUTES AND THEIR SOLUTIONS

The most popular standard construction contracts like FIDIC, NEC, JCT, ICE include well drafted tiered Arbitration clauses. The framers of these contracts and others in the Oil and Gas sector, envisage that disputes are likely to occur during and after the performance of those contracts. Through my experience as an Arbitrator and a Construction Lawyer, I have identified the most common construction disputes and their solutions. The contractual provisions have been drawn from the FIDIC Red Book. 1.Errors in Designs and [...]

May 12, 2020 Blog, Legal Briefs, News and Updates
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COVID-19 AND THE FIDIC SUB-CLAUSE 19 ON FORCE MAJEURE IN CONSTRUCTION CONTRACTS

Uganda has not been spared by the adverse effects of the Covid 19 virus. The restrictions on travel and work took effect in March through April 2020. However, some construction companies from China with projects in Uganda have been affected by the Covid19 pandemic since December 2019. China is now Uganda’s largest source of foreign direct investment. According to the Chinese Ministry of Commerce, Uganda ranks third as a destination for FDI from China. China has advanced loans to Uganda [...]

April 12, 2020 Blog, Legal Briefs, News and Updates
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John Kizito Kaggwa

KAGGWA & KAGGWA ADVOCATES PARTNERS WITH INNOLEAD CONSULTING TO BOOST PROJECTS, MINING & CONSTRUCTION PRACTICE

Effective May 2019 Kaggwa & Kaggwa Advocates entered into a Strategic Partnership with one of southern Africa’s leading Management Consulting firm – InnoLead Consulting. The strategic partnership will enable Kaggwa & Kaggwa Advocates to boost their practice in their core areas such as Construction Law, Arbitration, Mining, and Projects. InnoLead Consulting has vast experience in working with the mining and construction industry. Our Managing Partner – John K. Kaggwa (Middle) earlier this year with InnoLead executives in Lusaka, Zambia Mr. John [...]

May 27, 2019 Blog, News and Updates
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Diana Nansikombi Bbosa -Versus- Stanbic Bank Uganda Limited & 2 Ors

This was a case decided in the High Court (Commercial Division) where we represented the plaintiff in whose favour judgment was entered on the following issues; The Mortgage deed as signed between the plaintiff and defendant was found by Court to be invalid for want of attestation. The form of a valid mortgage was discussed by the court as it is clearly provided for by the law. The sale of the mortgaged property located in Buziga ultimately derived from the Mortgage [...]

December 27, 2018 Blog
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Commissioner Customs Uganda Revenue Authority –Versus- Kirenga Fred

The Commissioner Customs Uganda Revenue Authority (Appellant) appealed to the Court of Appeal against  Kirenga Fred (Respondent) on three (3) grounds contesting the lower court’s awards to the respondent of compensatory damages, general damages and exemplary damages. Background. The respondent was charged with several counts of interfering with the goods; neutral portable ethanol that had been seized by Uganda Revenue Authority Commissioner in charge of customs and he was as well accused of fraudulent evasion of tax contrary to section 203 [...]

December 27, 2018 Blog
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Stanbic Bank Uganda Limited-Versus-Cellular Gallore Limited & 2 Ors

  In this case, our Senior Partner David S Kaggwa [FCIArb] represented the third defendant who was discharged as a Guarantor in a claim brought by the Bank against him, the first & second defendants. Background. The Plaintiff (Stanbic Bank Uganda Limited) initially extended a home loan facility worth Ug Shs 700,000,000 to the 1st plaintiff (Cellular Gallore Ltd), this loan was secured by a mortgage deed over land and property in Kyadondo Block 237 Plot 326 land at Mutungo and Luzira, [...]

December 17, 2018 Blog
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THE ARBITRATION CONCEPTS, PROCESS & BENEFITS

View this post on Instagram Senior Partner, David S Kaggwa (@davidkaggwa) made a remarkable presentation on "The Arbitration Concepts, Process & Benefits" in a Training organized by the Uganda Law Society (@ugandalawsociety) on Alternative Dispute Resolution. You can find the full presentation on https://www.dropbox.com/s/corzrnedicr0s0w/Arbitration%20Presentation.pdf?dl=0 #ADR #Arbitration #KaggwaLaw #BenefitsOfADR #ProcessesInArbitration #alternativedisputeresolution A post shared by Kaggwa & Kaggwa Advocates (@kaggwaadvocates_) on Aug 23, 2018 at 8:36am PDT On the 23rd August, 2018, Mr. David S. Kaggwa [...]

August 23, 2018 Blog, Conferences and Presentations
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SUSTAINABILITY OF THE CONSTRUCTION INDUSTRY THROUGH ALTERNATIVE DISPUTE RESOLUTION

An Image of Workers in Southern Africa Source: ConstructionReviewOnline David S Kaggwa[FCIArb], Senior Partner & Head of Construction Law & Arbitration Practice, Kaggwa & Kaggwa Advocates                     This presentation was prepared and presented by Our Senior Partner Mr. David S Kaggwa [FCIArb]  at the 15th International Biennial Conference, 2017 organized by the Botswana Institution of Engineers (BIE) at the Phakalane Conference Centre, Gaborone Botswana which was held on the 17th to 19th October 2017  According to the Africa Investment Index 2017 by Quantum Global [...]

October 17, 2017 Blog, Conferences and Presentations
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EMERALD HOTEL LIMITED & 3 ORS –VERSUS – BARCLAYS BANK UGANDA LIMITED & 4 ORS

The High Court (Commercial Division) passed a judgment in favor of the Plaintiffs in this landmark legal suit. The honourable court observed the following among other important legal issues; Circumstances that warrant the sale of mortgaged property which sale must also be done lawfully; The validity of a management agreement signed by a receiver; The registration of a caveat which must satisfy the statutory requirements whereby the Caveator must claim an ‘estate or interest’ in order to be entitled to lodge the [...]

July 16, 2016 Blog, Legal Briefs, News and Updates
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