Frequently Asked Questions (FAQ)

Our Frequently Asked Questions (FAQ) page, where we address common inquiries about Mirembe & Company Advocates and the field of legal practice in general. Here, we aim to provide clear and informative answers to help you navigate legal matters with confidence. Explore this section to find valuable insights into our services and gain a better understanding of how we can assist you in your legal journey. If you have a question that isn’t covered here, don’t hesitate to reach out to us directly. Your legal clarity is our priority.

Does Mirembe & Company Advocates charge for the preliminary Inquiry

It’s important to note that the initial introductory call or email seeking legal help is indeed free. Typically, this involves a brief overview of the legal matter, followed by a preliminary assessment. If further discussion is needed, a consultation may be scheduled to delve into the details of the issue or case.

How should I prepare for the Initial Consultation?

• It’s highly advisable to have all pertinent documents readily available during the consultation. These may include, for instance, your employment contract if discussing an unfair termination, or a copy of a shareholder’s agreement if discussing shareholder rights and responsibilities.
• It’s also a good practice to prepare a list of questions in advance, ensuring that no crucial points are overlooked. The initial consultation holds significant value, as it enables the advocate to attentively assess your legal situation, gather pertinent legal insights, and ultimately equip them to offer you the most effective legal representation possible.

What happens during the Initial Legal Consultation?

• The initial legal consultation serves as a platform for clients to provide a comprehensive description of their legal issue. The advocate’s primary focus is to attentively listen and pose pertinent questions tailored to your specific situation. This enables them to offer informed guidance on the most suitable course of action.
• In cases where a more extensive legal analysis and research are necessary, the advocate will guide you on the steps involved in preparing a formal legal opinion.

What happens after the initial consultation?

Following the consultation, the advocate will provide guidance on the subsequent actions to be pursued. It is essential to confirm your intention to retain the advocate’s services, either during or after the meeting. Upon mutual agreement regarding the scope of work and associated legal fees, the advocate will draft an engagement agreement. This document will outline the terms governing the provision of legal services to you, the client.

What is the Importance of Copywriting your Work?

Copyright safeguards against unauthorized reproduction of artistic works. It enables the creator to receive financial compensation for their creative endeavors, typically through royalties (a percentage of the resale price) and licensing fees.

What Does Not Constitute Copyright Infringement

• Copyright does not prohibit doing of any of these acts e.g., publishing, performance etc by way of fair dealing for the purposes of scientific research, private use, criticism or review, or the reporting of current events.
• Copyright does not prevent caricature where a third party makes satirical fun of the artist’s work, or if the work is used in a broadcast, for instance tv or radio broadcast.

What Due Diligence Should I Undertake before buying Land in Uganda?

• Conducting a thorough land search at the local land registry is paramount when considering a land purchase. This process helps verify the ownership of the intended property. Land registry searches can be conveniently carried out by submitting an application at the local Lands office. This search will also unveil any encumbrances on the land, such as charges or mortgages, indicating if the land is used as collateral for a loan, as well as any caveats prohibiting transactions or disposals involving the land.
• If you’re acquiring land from a developer or a land-selling company, your lawyer should perform a company search on the selling entity to confirm its legal existence and good standing. Additionally, it’s advisable to engage a licensed surveyor to accurately delineate the land’s boundaries, ensuring alignment with the deed plan or index map at the Ministry of Lands. The surveyor’s fees are typically based on the acreage of the land being purchased.

What Happens during Land Purchase?

• During land purchase, the Seller in collaboration with their Advocate, will prepare the Agreement for Sale, outlining the specific terms of the sale. It’s crucial to scrutinize details like the land’s tenure (freehold or leasehold), its designation as agricultural or otherwise, and any reversionary interest associated with the land. These particulars are of utmost importance.
• Upon completion of the transaction, the Seller’s advocate will furnish the Buyer’s advocate with essential documents including the original title, transfer document, clearance certificates for land rates and land rent, the stamp duty valuation form, and any necessary consents (such as spousal consent). These documents are crucial for the smooth registration of the land transfer.
• Simultaneously, the Buyer is responsible for settling the remaining portion of the Purchase Price. This finalizes the transaction.

What constitutes frustration of a contract in Uganda?

Frustration of a contract occurs when a supervening event, as defined by law, renders it impossible for a party to fulfill their obligations under the contract. For instance, if a foreigner is unable to secure a work permit from the Ugandan government for an employment contract in Uganda, the contract is considered frustrated due to an unforeseen event beyond the parties’ control, thereby releasing them from their contractual obligations.

It’s important to note that a frustrating event is an external occurrence or change in circumstances that occurs without any fault on the part of the releasing party, absolving them from their duty to perform under the contract.

However, it’s crucial to distinguish that mere hardship in fulfilling contractual obligations, such as financial difficulties leading to loan repayment challenges, does not constitute frustration. Additionally, a force majeure event outlined in a contract also qualifies as a frustrating event.

Are illegal contracts enforceable in Uganda?

Courts are not bound to uphold contracts that stem from illegal activities. This includes agreements that serve purposes like money laundering or arrangements to divide the gains of corrupt practices among involved parties. Such contracts are considered unenforceable under law

What is the Distinction between Independent Contractor and a Consultant?

A consulting agreement establishes a contractual relationship between a Client and a specialized independent contractor known as a consultant. This consultant possesses specific skills or expertise and provides services under the terms of the contract. It’s crucial to draft the consulting agreement carefully to prevent it from being misconstrued as an employment arrangement between the Client and the Consultant.

What is the Distinction between an Independent Contractor and a Casual Employee

A casual employee in Uganda is remunerated on a daily basis and typically works for less than 24 hours at a stretch. In contrast, an independent contractor distinguishes themselves from a casual employee as they often use their own tools and set their work methods when serving a client. It is advisable for businesses to consult legal experts to accurately discern between a casual employee and an independent contractor. This helps in ensuring compliance with statutory obligations under both employment and tax laws.

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HOW CAN WE
HELP YOU?

Contact us at the Mirembe Advocates office nearest to you or submit an inquiry online.

Contacts

For any other frequently asked questions about legal practice in Uganda, feel free to contact us. We’re here to provide you with the information and guidance you need to navigate the legal landscape effectively. Your inquiries are important to us.To contact Mirembe & Company advocates, send us an email at [email protected] or call +(256) 393 228 836 to book a strategy call. Our legal team will be happy to assist you.