Research Papers/Topics in Commercial Law

The Enforcement of Bank Guarantee as a Form of Security An Examination of the Law and Practice in Uganda

ABSTRACT  The research study looked at the general introduction of banking in Uganda, the back ground, how it evolved from pre-independence to the present date of banking, it also looked at the nature, creation and performance of bank guarantee. The study looked at the guarantee as a form of security, its essential requirement being consideration, agreement and intention to create legal relation, capacity to give a guarantee, the requirement of writing, it looked at different ways of dischar...

Supervisory Role of General Meeting Over Board of Directors in Nigeria

ABSTRACT The performances of corporate entities in Nigeria leave much to be desired. Due to poor performances, corporate entities have lost some of the confidence which they hitherto enjoyed. This loss of confidence has led to the collapse of several companies. The major reasons for company failure are mismanagement and fraudulent practices by key players in the corporate terrain, as well as the inability of the in-built monitoring devices to perform their roles. The management and governance...

The Challenges Facing Trade Facilitation in East African Community

ABSTRACT The major purpose of this study was to analyze trade facilitation and its impact on East African regional trade, analyze non tariff barriers and their impact on EAC trade. To achieve this major purpose, four research objectives were formulated and these included: to analyze trade facilitation in East Africa and establish its impact on trade within the region, to identify various NTBs and their impact on regional trade; to discuss key provisions of EAC Customs Management Act and how t...

Analysis of the Legal Framework on Consumer Protection in the Banking Service Delivery in Kenya.

ABSTRACT  In Kenya most bank customer are victims of unfair banking contract terms. Banking institutions fail to apply the available laws that can protect a bank customer. The central objective of this is to investigate into the existing legislations that relate to banking business in Kenya. By doing so to clearly see how effective they are to the banking business law. Also to examine if the existing laws are implemented to aid in bank customer protection. The cardinal research problems are ...

A Legal Analysis of Bank Duties and Liabilities in Relation to Customer Protection in Uganda

ABSTRACT The thesis “Legal Analysis of Bank Duties Liabilities in Relation to Customer Protection in Uganda” is motivated by the background of the study to pertinently contribute remedies that can securely address the banking sector challenges in meeting duties and obligations to protect customers. It should be noted that while there is a law in place to govern bank duties and obligations to customers, in total this law has not been successfully drawn and implemented. The study examines t...

An Examination Of Women's Property Rights, Post 1995 Constitution In Uganda. A Case Study Of Busia District.

ABSTRACT Although the 1995 Constitution of the Republic of Uganda and other International Conventions to which Uganda ratified give protection to women among other persons against abuse of their rights enforcement of those statutory provisions is difficult as they conflict on specific provisions towards women. According to this study, the problems that women face stem from socio-economic aspects. This study was carried out with the hope that it will enlighten and advance the Understanding of...

Mitigating Crises In The Nigerian Banking Industry Through Effective Application Of Prudent Mortgage Principles

ABSTRACT This work identified non-performing loans as a major contributor to banking crisis. Albeit many loans were secured with mortgages, recovering them proved impossible owing to many factors which militate against realization of mortgage securities. This work therefore examined these factors that hinder realization of mortgage securities and proffered solutions to them in order to enhance debt recovery. The work discussed the canons of good lending; the factors that lenders should recko...

Enforcement Of Foreign Arbitral Awards In Nigeria And The Challenge Of Time Limitation

ABSTRACT Considering the importance of arbitration in the settlement of commercial disputes world over, this work has its focus on the effect of time limitation in the enforcement of foreign arbitral awards in Nigeria being that the current legal position in Nigeria on the limitation period for enforcement of arbitral awards appears to be narrow and too limited compared to what obtains in other parts of the world especially in jurisdictions like England, China and Hong Kong which in our view...

Division Of Taxing Powers In Nigeria – A Paradigm Shift

ABSTRACT The prolonged military rule in Nigeria has bequeathed an over centralized structure under the Constitution of the Federal Republic of Nigeria, 1999 whereby the Federal Government generates about 90 percent of the country‟s tax revenue. While the need for decentralization and diversification of Nigerian revenue base from oil is self evident, the critical roles of division of taxing powers in achieving these laudable objectives are yet to be articulated and mainstreamed in public di...

Ownership, Rights And Access To Minerals In Namibia: A Contemporary Legal Perspective

Abstract Namibia has a rich mineral heritage, but the larger proportion of these minerals is mined by foreign owned companies. The majority of the Namibian people do not have access to these mineral resources. Thus, the distribution of natural resources in Namibia has been blamed for the high inequality within the Namibian society as foreign investors arguably benefit more from the mining proceeds than locals. Therefore, the unequal distribution and ownership of natural resources can equally ...

Whistle Blowing; The Whistle Blower; The Whistle Blowing Act” A Simple Expose /An Easy To Read Discourse On The Concept Of Whistle Blowing

ABSTRACT The term whistle blower has been connected to U.S. Civic Activist Ralph Nader who was said to have put ―a positive spin on the term in the early 1970s to avoid the negative connotations found in other words such as ―informer‖ and ―snitch‖1.‖2 In the 19th century, whistle-blowing was attached to law enforcement agents who use whistle as a means of alerting the public or other policemen of illegality.3 The term has also been related to sport referees in sports events who us...

A Critical Examination Of Consumer Protection Law And Practice In Nigeria

ABSTRACT This work considers two aspects of consumer law namely, substantive and practical protection of human rights.

Towards an Efficient Nigerian National Oil Company - Legal Reform

ABSTRACT If each resource (petroleum) rich nation was a living cell, the national oil company (NOC) would be the nucleus. NOCs are that important. They are the economic engine rooms of resource dependent nations. Nigeria’s NOC; the Nigeria National Petroleum Corporation (NNPC) is however yet to fulfill this role in the Nigerian economy. Since its establishment in 1977, a steady stream of reports and reviews have documented NNPC’s dismal legacy of lost revenues, inefficiency and corruption...