LDC #HC/LDC/45054/LA

LEGAL ALERTS

Entities that are not licensed and approved to carry

out legal business by the Law Council and purport to
do so commit an offence under section 70 of the
Advocates Act.

“…It is not in doubt that the written statement of defence

and the defendant’s trial bundle are marked as having
been drawn and filed by ECO Concrete Limited. Eco
Concrete Limited is a company that was incorporated in
Uganda on the 13th day of January 2016 going by the
certificate of incorporation on court record. It is also not in
doubt that Eco Concrete Limited is not a law firm, a fact
admitted by counsel for the defendant on court record
and confirmed by the Secretary Law Council in her letter
dated 16th September 2022, that the company is not on
the list of approved law firms. In my analysis, I know that a
company incorporated in Uganda as Eco Concrete
Limited is a body corporate because it has by
incorporation attained its own legal rights and
responsibilities. I find that in drawing and filing a defence
and counterclaim for the defendant, Eco Concrete Limited
was carrying out work that should have been done by a
firm licensed and approved to carry out legal business by
the Law Council.

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To that extent, Eco Concrete Limited committed an
offence stipulated in section 70 of the Advocates Act. I
am mindful of Section 14A of the Advocates Act meant to
protect clients, who innocently obtain services from
advocates who are not permitted to practice at that time
they carry out the clients work due to suspension or failure
to renew their practicing certificates. In my view, this is not
the scenario in this case, where the main question is on
the body corporate that drafted and filed on court record
pleadings of the defendant. Eco Concrete Limited has
never been a law firm, and it has never obtained approval
of Law Council for any of its departments to practice law,
therefore the provisions of Section 14A of the Advocates
Act are not applicable to the facts of this case. I note that
there is a growing trend of individuals, companies and
associations carrying out duties that ought to be carried
out by entities approved by the Law Council. I therefore
find that the actions of Eco Concrete Limited in drawing
pleadings for the defendant and filing the same in court
was illegal by dictates of section 70 of the Advocates Act
as such they cannot be left to stand...”

DR. DANIEL BYAMUKAMA & ANOR VERSUS APOLLO

BUREGYEYA
HCCS NO. 05 OF 2021

JUDGMENT BY [NSHIMYE ALLAN PAUL M, J] ON OCTOBER 04,

2022

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