The High Court (Commercial Division) Judge, Hon Justice Stephen Mubiru has set aside an arbitral award of USD1,251,916.08 (UGX5,623,025,394.8) and UGX954,372,437.77) awarded to tower companies ATC Uganda Limited and Eaton Towers Uganda Limited against Smile Communications Uganda Limited. The arbitral award, CAD/ ARB/No.06 of 2021 was made on 28th January 2022 in Arbitration Cause No. 0004 of 2021, by Cornelius Henry Mukiibi Sentamu, an arbitrator. Smile Communications, however, challenged the arbitral award in the High Court on the grounds that among others, “there are errors apparent on the face of the record; it is contrary to public policy; it was…
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For any business, the Income Tax Act [“ITA”] allows the deduction of certain expenses before charging tax. To qualify, these expenses must be of a revenue and not of a capital nature; revenue nature in the sense that the expenses are directly incurred in the production of revenue. However, it is not always easy to determine whether an expense is of a revenue or capital expenditure. This was recently evident in the case of Vivo Energy Uganda Ltd Versus Commissioner General of Uganda Revenue Authority: Civil Appeal No. 1 of 2019 which was decided on the 9th day of March…
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