European Development Fund (EDF)
Micro-Projects Programme Ministry Of Finance, Planning & Economic Development
The firm was retained by the EDF-Micro Projects Programme to render legal and consultative services on the various activities under the above project which involved lending money to various local projects.
The services rendered included:-
- Advising the client on preparation and interpretation of Loan agreements;
- Drawing agreements and security documents;
- Carrying out due diligence inquiries on securities and taking steps to register them (mortgages, etc);
- Advising the client on relevant matters and payment of stamp duties or seeking exemptions therefrom;
- Taking recovery actions against loan defaulters and negotiation of settlements;
- Miscellaneous legal advices and services on pertinent matters.
The firm has for the past ten (10) years acted for the above group of companies and rendered legal and consultative services in various areas for the benefit of the client. The group has inter alia DFCU Bank Ltd., DFCU Leasing Ltd., and is shareholder in Centenary Rural Trust Development Bank, Housing Finance Company of Uganda Ltd. and several other companies.
These services include:-
- Rendering legal advice in the negotiation of development financing which involved huge sums of monies and preparation and interpretation of detailed Agreements.
- Rendering advice on preparation of loan agreements, mortgages, leasing agreements, and relevant securities.
- Interpreting, and advising clients on, agreements and other instruments relating to various lines of credit and external finance facilities
- Advising and acting for clients on matters relating to property acquisition and investments for instance acquisition of banks, e.g. Gold Trust Bank, Loan Portfolios in Trust Bank Limited, acquisition of shares in Centenary Rural Development Bank Ltd. The rm participated in negotiations and took part in preparation of various agreements and interpretation of laws and other instruments
which entailed appearing and making representations before Bank of Uganda and other relevant authorities.
- Handling litigation for the DFCU Group which mainly involves debt recoveries and defending the client in respect of suits instituted, to challenge receivership, liquidations and other related recovery measures.
- Providing legal opinions from time to time on pertinent matters
Pride micro-finance Ltd
The firm has rendered services to the above micro-finance company since Its inception when it was Pride Africa. The company handled the negotiation, drafting and conclusion of the relevant contracts and instruments wherein the Government of Uganda transferred the assets and liabilities of Pride Africa (which was a government micro-finance project as a private company- This firm has also handled the relevant donor agreements between Pride Microfinance Ltd and the Norwegian government relating to micro-finance.
The Law Reform Commission of the Ministry of Justice and Constitutional Affairs
The firm was contracted by the Law Reform Commission to undertake the study of laws governing corporate and personal insolvency. The rm carried out the study and identified comprehensive reforms to be made to the existing legislation after considering the current conditions in Uganda, business atmosphere, and necessities of commerce with regards to the experiences in many other jurisdictions. The firm drafted a proposed law (insolvency Bill), which is yet to be presented to cabinet and to be tabled in parliament for debate and enactment
Privatization and Divesture Process
The firm has served the privatization unit of the Ministry of Finance, Planning & Economic Development in - Carrying out legal audits on various enterprises to be divested and privatized. These include Apollo Hotel Corporation, SINO-Uganda Fisheries Joint Venture Company Limited (Joint Venture between the Chinese government and Uganda government). The firm also has a qualied, experienced and competent team to handle the work as indicated hereinafter. The firm has rendered services to various clients including those mentioned below as examples.
- Reviewing and rendering advisory services on relevant contracts in the divestiture process.
- Participating in contract negotiations for instance in the case of the sale of Hotel Margherita.
- Participating In drafting and nalizing Agreements for sale and disposal of enterprises, ventures for instance in the sale of Hotel Magherita in Kasese, preparing necessary contracts and instruments to regularize the government’s stakes in and financing of Cable Corporation, rendering necessary legal advice and drawing all relevant agreements and security documents.
- Interpretation and implementation of contracts executed under the divestiture and privatization process generally. Taking legal steps to ensure due to performance of the contracts, processing property titles for instance in the cases of privatization of Transocean (Uganda) Ltd., International TV Sales Ltd.
- Taking instructions to institute legal proceedings to enforce contracts under the privatization and divestiture process for instance in the case of Uganda Cement Industry Limited where our rm was instructed to sue Hima Cement (1994) Ltd. in the High Court to recover US 55,500,000= (United States Dollars Five Million Five Hundred Thousand Only) balance on the purchase price of USD 15,000,000 (United States Dollars Fifteen Million Only).
- The firm was instructed to provide consultative services in the divestiture of Lake Victoria Bottling Company Ltd (Pepsi Cola). All relevant agreements and instruments were drawn by the rm which also played a leading role in negotiating the compensation of former shareholders.
American Cyanamid Company
When the American Cyanamid Company (now Forte Dodge) was acquiring the chemical line of business of SHELL worldwide, the firm was instructed by American Cyanamid Company to handle the Uganda aspect of the acquisition. The firm rendered various services and advice including the interpretation of the Ugandan laws in so far as they affected the acquisition. The firm participated in the preparation of the various contracts and other instruments to effect and nalize the acquisition worldwide. The firm in handling the instructions liaised with various law firms in the various countries where Shell operates and most of these firms remain its contracts/correspondents in other jurisdictions. The leading British law firm Allen & Overy of London, U.K. coordinated the transactions worldwide and the firm was privileged to work in the said firm which still highly recommends the firm for its exemplary performance in the project.
Gapco (U) Limited
The firm has for over ten (10) years served as the Legal Advisor and Consultant for ESSO Standard (U) LTD, which later became Gapco (U) Ltd., The services include interpretation of the various laws of Uganda affecting the company business, negotiating, drawing and finalizing contracts for the acquisition of properties, leases, mortgages and other securities, dealerships, etc. The firm also advises the company on the interpretation of contracts and handles the company’s litigation and debt recoveries
The firm advises Mukwano Group of Companies on all relevant contracts the companies enter into in the group’s numerous businesses in Uganda and on the international scene. The firm is the general legal counsel of the group and handles its litigation.
List of Clientele
- A.K. Oils Limited
- A.K. Plastics Limited
- Arcadis Euro Consult B.V Holland
- Atlas Cargo Services
- Beta Health Care Ltd
- Brejo (U) Ltd.
- C- system LTD
- Centenary Rural Development Bank Ltd
- Cipla Quality Chemicals Industries
- Civil Aviation Authority
- Core Investments Ltd.
- Condominium Property Managers Limited.
- Construction Engineers & Builders Ltd.
- Damenshipyards Gorinchem Holland
- DFCU Bank Limited
- DFCU Ltd.
- Dragados Construccio P.O; S.A. (Spain)
- Envoys Promotions Consultants.
- Euroconsult B.V. and Arcadis Consult of Netherlands
- European Development Programme (EDF) Micro-Projects Programme
- F. Mungereza Consultants Ltd.
- Fenon Events LTD
- Fire System LTD.
- Foccas Uganda Ltd; Foccas, USA
- Fococafe (Spain)
- Gapco (U) Limited (formerly Esso Standard (U) Limited)
- German Investment & Development Corporation (DEG)
- Grichting & Valterio S.A. Enterprises Electriquies of Switzerland
- H.Q Limited
- Hardware Deals Ltd.
- Home Builders Ltd
- Intertek Testing Services International Ltd.
- Kyambogo University
- MTK Holdings Limited
- Mayco (U) Ltd.
- Mukisa Foods Limited.
- Mukwano Enterprises Ltd.
- Mukwano Industries Limited
- National Drug Authority
- Ndejje University
- None Performing Assets Recovery Trust (NPART)
- Omega Construction Limited
- Peja International B.V. Damko B.V. The Netherlands (Peja Group of Companies)
- Price water house Coopers Consultants Ltd.
- Pride Micronance Ltd, Pride Africa, Inc; USA
- Property Consultants Limited.
- Quality Chemicals LTD
- Quality Steel Supplies Ltd.
- Rwenzori Properties Limited
- Spear Motors LTD
- Steel & Tube Industries
- The Centre for Business Promotion Services Limited.
- The Privatisation Unit of The Ministry of Finance, Republic of Uganda.
- Total (U ) LTD
- Uganda Breweries
- Uganda Communications Commission
- Uganda Law Reform Commission
- Zzimwe Enterprises Hardware & Construction Limited