Eriya Mikka

BACKGROUND

Eriya holds an LL.B (Hons.) degree from Makerere University and a Post Graduate Diploma in Legal Practice from the Law Development Centre. He is an Associate within the firm’s Litigation Team. Eriya is actively involved in courtroom advocacy and handles a wide range of matters for various clients, particularly focusing on debt recovery, employment law and commercial litigation. Eriya also provides dispute resolution advice for the firm’s corporate clients.

Eriya has interest in dispute resolution, technology and innovation in law and has extensively participated in legal innovation programmes for the firm. Eriya completed the Webber Wentzel Litigation Associate Foundation Programme in Johannesburg and has featured in the prestigious Chambers and Partners Litigation Guide 2019 as a co- author of the Law and Practice in Uganda.

MEMBERSHIP IN PROFESSIONAL SOCIETIES

• Advocate, High Court of Uganda
• Member, Uganda Law Society
• Member, East Africa Law Society

PROFESSIONAL QUALIFICATIONS

• Postgraduate Diploma in Legal Practice, Law Development Centre, Uganda
• LL.B (Hons.), Makerere University, Uganda

CAREER SUMMARY

• 2015 – DATE      Associate, MMAKS Advocates

AREAS OF EXPERTISE

• Commercial Litigation
• Employment
• Debt Recovery
• Family, Estate and Trusts law

TOP MATTERS

• Currently acting for an international development bank in recovery of a sum in excess of USD 118m against a defaulting Hotel Group in Uganda. The instruction involves defending the bank against a suit by the borrower claiming that the bank breached its financing obligations to the borrower and seeking special damages in excess of USD 200m. The matter involves an application for arbitration referral to South Africa and a contentious hybrid dispute resolution clause.
• Currently acting for a leading manufacturer of consumer goods in the East African region to defend a suit by a former distributor of its products in Uganda. The distributor seeks special damages in excess of USD 18m for alleged unlawful termination of the distribution agreement, breach of confidentiality and infringement of trade secrets.
• Currently acting for Symbion Uganda against a milk processing and retail multi-national company in an action for recovery of sums in the region of USD 193,000 for unpaid architectural design fees.
• Currently defending a leading Ugandan Pathologist in medical negligence suit involving DNA mismatch, a cancer misdiagnosis and surgery in a specialist South African hospital.
• Acting for the Central Bank of Uganda in the Constitutional Court in defence of a petition by one of the defunct commercial banks in Uganda seeking to set aside the liquidation process of the commercial bank and declare various provisions of the Financial Institutions Act 2004 unconstitutional.
• Successfully defending the Central Bank in a Judicial Review application in which the Claimant sought to quash a decision declaring him not to be ‘fit and proper’ to hold a managerial position in a financial institution, thereby leading to termination of his employment. The Claimant sought damages in excess of Ug. Shs. 1.2bn.
• Successfully acting for a commercial bank to recover a debt in the sum of USD 5.5m from a conglomerate. The instruction included preparing a debt purchase agreement for a third party, mortgage assignment deeds, an agreement for interest capping and realisation of various securities.
• Successfully acting for Exim Bank (U) Ltd to recover USD700,000 in a matter involving realisation of commercial property and currently acting to defend the Bank in a Suit initiated by the borrower to set aside the sale of the property and payment of damages in the sum of US 4.3m.
• Advising a construction joint-venture entity on a contractual dispute as well as the viability and validity of an insurance claim under the contract for construction of the first cable stayed bridge in Uganda across the River Nile valued in the region of USD 100m.
• Acting for Imperial Group of Hotels which includes Grand Imperial Hotel, Imperial Botanical Resort Hotel and Imperial Royale Hotel in defending, negotiating and resolving a range of class actions and labour disputes by former employees and payment of terminal benefits that include severance pay, gratuity, labour union entitlements in excess of Ug. Shs. 100m.