Makerere Law Journal

Banking
Digital Banking
Technology

Banking Beyond The Banking Hall: A Review Of Digital Banking In Uganda

Article by Nasser Konde

Abstract

Technology advancement has greatly revolutionized the banking industry in Uganda. This has seen the adoption of digital banking by all financial institutions in the country in order to serve their customers better and to remain relevant in the sector. The COVID-19 pandemic saw a complete shift in the way financial institutions in Uganda offered banking services to customers with many merging and closing down the various bank branches across the country and concentrating their efforts on digital banking. This paper aims at providing an insight on the nature of digital banking, the legal principles that govern digital banking, the legal regime governing digital banking, the risks involved and how to mitigate them.

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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

Kabazzi Maurice Lwanga

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.