2022-11-19

  • Private International Law
  • Banking Law

Analysis Of The High Court Decision In The Case Of Ham Enterprises Ltd & Anor V. Diamond Trust Bank (k) Ltd & Anor: Conflict Of Laws And The Ralli Principle Of Foreign Illegality

Comment by Kabazzi Maurice Lwanga

Abstract

This comment explores the missed opportunity by the High Court decision in the case of Ham Enterprises & Anor V. Diamond Trust Bank (K) Ltd & Anor to raise the issue of conflict of laws. Particularly, focus is placed on the opportunity to determine the proper law governing the loan contract between a Ugandan company and a foreign bank, which contract had a ‘foreign element.’ The author also discusses the Ralli principle of foreign illegality, with a view of undoing the legacy of rigidly applying national (local) law to transactions with ‘a foreign element.’ This comment is a response to the High Court decision in Ham Enterprises case to start the discourse on Ugandan courts’ application of private international law.

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