Browsing by Author "Komakech, Brian"

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    A critical analysis of the duties and liabilities of a receiver under the insolvency act, 2011 of Uganda
    (Kampala International University,School of Law, 2014-07) Komakech, Brian
    Insolvency Act, 201 I. The main aim of the study was to investigate the roles and liabilities of a receiver. The research findings were analyzed basing on the specific objectives which were: To examine the mode of appointment of receivers and the formalities to be followed there in, to examine how different statutes support the position of a receiver, to examine the duties and roles of receivers and what benefits do receivers have in a company which is in financial difficulties. The study established that, the role of the receiver had a positive impact on an insolvent company. It's therefore vital for all companies which are faced with financial difficulties to appoint a receiver who will help the company to regain its profitability instead of being wound up. The researcher concluded that in as much as the Insolvency Act 1 under section 177 provides for liability for the invalid appointment of a receiver so as to curb the issue of wrongful appointment of receivers in as far as the research is concerned. Section 1862 no wonder gives circumstances under which the liability of the receiver arises and also the limits attached to the liability are shown, in my view, there is need for reform especially in as far as the liability of the receiver is concerned because the section is not as clear as it ought to be but rather should not be discredited.
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    Loan portfolio under the Islamic banking system: an analysis of the law in Uganda
    (Kamapala International University, 2018) Komakech, Brian
    This study looks into Loan Portfolio under the Islamic Banking system: An analysis of the law in Uganda. Despite the fact that there is a growing interest of Islamic banking system in many financial institutions, many Ugandans have not adopted it yet since some are either unaware of how it works or some banks have not yet started providing Islamic financial services this is in spite of the fact that the Financial Institutions Act of 2016 already recognizes this form of banking. The main aim of the study was to analyze the law regulating loan portfolio under the Islamic banking system in Uganda. The research findings were analyzed basing on the specific objectives which were: To analyze the principles and trends in the historical evolution of Islamic Banking, To examine the different methods of Islamic financing under the Islamic Banking system, To examine the existing framework for loan portfolio in Islamic banking system in Uganda and Internationally. The major findings of the study were that there is no law regulating loan portfolio in Uganda and that there is need to separate Islamic Banking from conventional Banking by specifically making separate legislation for the two. The recommendations on the other hand were teaching the public of Islamic banking products, investment in research among others.