Professional Documents
Culture Documents
Guide On Banking
Guide On Banking
FACULTY OF LAW
Module Outline and Objective: This module is meant to give the students an
understanding of banking and negotiable instruments. The law of Banking and
Negotiable Instruments deals with the operation of banking business and is founded
largely on the general principles of law to particular contextual issues as and when they
arise. A good understanding of these general aspects of law is critical in analyzing the
banking business which also borrows from the general custom of bankers. The aspect of
negotiable instruments is a practical area that navigates how banks deals with different
types of Negotiable instruments, the rights and liabilities of various parties along the
chain as the instruments change hands.
As Banking practice evolves, it has become increasingly necessary to deal with some new
aspects of Banking law including but not limited to Automatic Teller Machines, E-
Banking and the challenges being faced in electronic money transfers such as money
laundering and E-fraud. These aspects will be handled to enable you acquire a broad and
critical approach to the subject.
Overall Learning Outcomes: It is hoped that at the end of the module, the students will;
i. Have explored the historical rationale of Banking Law and practice vis-à-vis its
current form and relevance.
ii. Be able to critically examine the fundamental principles of the law of banking and
negotiable instruments.
iii. Demonstrate a clear understanding of the legal framework within which the banks
and other financial instruments are allowed to operate in Uganda.
iv. Understand, explain and distinguish between the different types of banks accounts
and services/products that banks offer.
v. Explain the nature of banker –customer relationship and the obligations it imposes
on banks to maintain secrecy and to act without negligence.
vi. Indentify and examine the remedies for breach of respective duties.
vii. Have acquired knowledge on the nature, importance and uses of negotiable
instruments (bills of exchange).
viii. Acquaint with the law relating to credit creation which is essential for modern
economic activities and a civilized living.
ix. Advocate the case for reform considering the relevant sector and international
developments relating to banking.
General Description of Teaching/ Learning Methods and Modes of Assessment:
There will be two, two hour lectures every week, Thursday and Friday from 5:00 -
7:00pm. There will also be one two hour tutorial every Saturday from 8:30 – 10:30am.
This module will be delivered with every intention of fostering active interaction and
participation from the students during lectures. In order to further understanding,
analytical thinking and appreciation of the module content through personal assignments,
group discussions, tests, essay writing and research assignments. Students are encouraged
to form study groups that will enable easier understanding of the course content. Students
are also urged to be deliberate about individual personal study.
i. Coursework which carries 30%. The course work will take the form of either a
written test or a take home research.
ii. The final exam will account for 70% of the course evaluation. Please note that a
10% mark of class participation, active engagement and attendance is in built in
the 70% final mark.
iii. Class participation –respect of oneself and one’s neighbor is paramount during
class participation.
iv. Any misconduct during the lecturers, tests or exams shall be heavily panelized.
MAIN STATUTES:
1. G.P Tumwine Mukubwa & Others, Essays in African Banking Law and Practice”
Uganda Law Watch, 1998
2. M.J Holden, Law & Practice of Banking, 5th Ed. Vol. 1 & 2
3. Mark Hapgood, Paget’s Law of Banking, 12th Ed. Butterworth, 2003
4. Chalmer’s Bills of Exchange 13th Ed.
5. Dover & Ors (Ed), Sheldon’s Law of Banking
6. P.E Smart Chorley and Smart: Lending cases in the Law of Banking, 6th Ed.
7. Byles on Bills of Exchange
8. Hart’s Law of Banking
9. Lord Chorley: The Law of Banking
10. Ross Cranston: Principles of Banking Law, Oxford University Press, 2002
11. Peter Ellinger, Modern Banking Law, 3rd Ed. Oxford 2000
12. Filder, Shelton & Fildfer, Practice & Law of Banking, 1982
13. Housmann & Anor Ed.: Banking Crises in Latin America, 1996
14. Byamugisha J., Negotiable Instruments, 1978
15. Brownbridge M & Harvey C, Banking in Africa, 1998
16. Sponge K., Banking Regulation, 1990
1. Capital Requirements
2. Restricted/ Prohibited activities and investments
3. Liquidation, seizure and re-organisation of banks
Reading:
Emmanuel Tumusiime-Mutebile, “The current state of Uganda Financial Sector” (2005)
13 The Ugandan Banker 4
Evarist Mugisha, “A critique of Customer Services in Ugandan Banks” (1997) 5 (3) The
Ugandan Banker 13
Martin Brown Bridge, “Financial Repression & Financial Reform in Uganda” in Martin
Brown Bridge & Charles Harvey, Banking in Africa: The Impact of Financial Sector
Reform since Independence, Fountain Publishers, 1998 @ 126
Financial Institutions Act 2, 2004
Bank of Uganda Act, Cap 51
1. Banks Defined
2. Bills of Exchange Act, Cap 68
3. Financial Institutions Act, 2004
4. Evidence (Bankers Book) Act, Cap 7
5. Bank of Uganda Act, Cap
6. Woods V Martins Bank Ltd (1959) 1 QB 55
7. United Dominion’s Trust Ltd V Kirkwood (1966) 2 QB 431
8. Re Shields’ Estate (1901) 1 Lr R 173
9. Re Roe’s Legal Charge (1982) 2 Lloyds Rep. 370
Who is a customer?
Reading:
E. P Ellinger, “Reflections of Recent Developments concerning the relationship of Banker
and Customer” (1988) 4 The Canadian Business Law Journal 129
Reading:
i. Simone Wong, “Re visiting Barclays Bank V O’Brien and Independent Legal
Advice for vulnerable sureties” (2002) Journal Business Law 439
ii. Nigel A Clayton, “Banks as Fiduciaries: The UK Position (1992) 8 Journal of
International Banking Law 315
iii. Ross Cranston, “The Bank’s Duty of Disclosure” Journal of Business Law 105
iv. The Evidence (Banker’s Book) Act, Cap 7
v. Income Tax Act, Cap 340
vi. Leadership Code Act, Cap 168
vii. Prevention of Corruption Act, Cap 121
viii. Companies Act, Cap 110
ix. Civil Procedure Rules SI 65-3
Joint Account
Partnership Account
Trust Account
Solicitors Account
Local Authorities
Companies Accounts
2) Overdraft
3) Interest
1. Combination of Accounts
2. Bankers Lien
3. Set Off
Halesowen Presswork & Assemblies Ltd V Westminster Bank (1970) 3 WLR 625
Re European Bank Agra Bank Claim (1872) 8 Ch. App. 41
Barclays Bank Ltd V Qusitclose Investments (1970) AC 567
Rouse V Bradford Banking Ltd (1965) 3 ALL ER 81
British Eagle International Airlines Ltd V Compagnie Nationale Air France
(1975) 1 WLR 758
i. Miller Associates (Australia) Pty Ltd V Bennington Pty Ltd (1975) 7 ALR 144
ii. Bank of England V Vagliano Brothers (1891) QC 107
iii. Hiberman Bank Ltd V Gysin & Hanson (1939) 1 KB 483
iv. House Property Co. of London Ltd V London County & Westminster Bank Ltd
31 TLR 479
i. Procurement of Payment
London Joint Stock Bank Ltd V Macmillian & Arthur (1918) AC 777
Midland Bank Ltd V Seymour (1955) 2 Lloyds Rep. 146
Morison V London County & Westminster Bank Ltd (1914) 3 KB 356
Barvins Junior & Sims V London & South Western Bank Ltd (1900) 1 QB 270
The Paying Bank’s Defense for Wrongful Payment under Common Law & Equity
Principles of common law & equity
Brown V Westminster Bank Ltd (1964) 2 Lloyds Rep. 187
Greenwood V Martins Bank Ltd (1933) AC 51
National Bank of New Zealand Ltd V Walpole and Palterson Ltd (1975) 2 NZLR
7
Scholfield V Earl Londesborough (1896) AC 514
Sydney Wide Stores Pty Ltd V Commonwealth Trading Bank (1981) 55 ALJR
574
Tai Hing Cotton Mill Ltd V Liu Chong Hing Bank Ltd (1986) AC 80
London Intercontinental Trust Ltd V Barclays Bank Ltd (1980) 1 Lloyds Rep. 241
West V Commercial Bank of Australia Ltd (1935) 55 CLR 315
Cuncliffe Brooks & Co. V Blackburn & District Benefit Building Society (1884)
9 AC 857
Westminster Bank V Hulton (1926) 136 LT 315
Ligget (Liverpool) Ltd V Barclays Bank Ltd (1928) 1 KB 48
Re Cleadon Trust Ltd (1939) Ch. 286
Limitations Act
National Bank V Peter (1971) (1) ALR Comm. 262
Joachimson V Swiss Bank Corp (1921) 3 KB 110
Douglas V Lloyds Bank Ltd (1929) 34 Comm. Cas. 263
Financial Institutions Act, 2004
Parr’s Banking Co. Ltd V Yars (1898) 2 QB 460
Barclays Bank Ltd V W.J Simms, Son & Cooke (Southern) Ltd & Anor (1980)
QB 677
John V Dodwell & Co. (1918) AC 563
i. Mortgage Act
ii. Registration of Titles Act
iii. Muhamadi Waswa V Asumani Kikungwe (1952-6) 7 ULR 1
iv. Mutambulire V Yosefu Kimera [1975] HCB 150
v. Fakhruddin Mahamedali Jafferi V Amedali Abdulhessein Lukman (1946) 13
EACA 77
vi. Olinda De Souza Figueuredor V Kassamalai Nanji (1963) EA 381
vii. Barclays Bank of Uganda Ltd V Livingstone Katende Lutu (1994) 1 KALR 65
viii. Biggs V Hoddinnott (1898) 2 Ch. 307
ix. Samuel V Jerrah Timber & Wood Paring Corporation Ltd (1904) AC 323
x. Jennings V Ward (1705) 2 Vern 520
xi. Govindji Popatal V Nathoo Visandji (1962) EA 372
xii. Grindlays Bank (U) Ltd V Edward Boaz Civil App. No. 23 of 1992
xiii. Uganda Credit Savings Bank V Eriyasali Sonkuba (1966) EA 508
Laws of EFT, Legislation, the EFT Code of Conduct and Code of Banking
Practice
The Uganda Banking Industry Ombudsman
Legal issues on EFT
Internet Banking
Operational fraud
Credit fraud
Managing fraud