Legal Services & Practice Areas
We generally provide representation in the High Court as well as the Court of Appeal but are also amenable to making appearances in subordinate courts and tribunals where the client brief so requires.
Our litigation department is well-placed to offer clients outstanding legal advice and provide professional and efficient legal service, whether in a court room, arbitration, tribunal hearing or other dispute resolution forum.
Over time, the firm has gained specialty knowledge in the following areas:
- Commercial & Corporate – Our litigators help resolve disputes arising from the infringement of commercial contracts, as well as post-acquisition issues, distributorship agreements and officers' and directors' legal responsibilities. We also assist our corporate department in private equity, mergers, securities, acquisitions and all forms of debt finance.
The firm Also handles joint ventures as well as preparation of partnerships, shareholders’ and management contracts, technology transfer contracts, licence agreements and aviation leasing contracts. We also have experience in conducting due diligence, international loans negotiation, creation and perfection of securities and advising in bond issues.
- Corporate Recovery – We undertake all aspects of insolvency (corporate and personal), corporate recovery and debt work.
- Contracts – Our litigators have advised on and drafted various types of contracts, including those for the sale and supply of goods and services, partnering agreements, licensing and franchising arrangements, standard terms and conditions, consultancy agreements, agency agreements, outsourcing agreements, confidentiality and trade secrets agreements and facilities management agreements. We act both for service suppliers and for those procuring or processing services and are well positioned to achieve successful commercial outcomes.
- Property & Conveyancing Practice – We have dedicated lawyers who specialising in property disputes. Their knowledge and experience is used assertively and creatively for our clients.
We draft property sale agreements, leases, asset and property management contracts and securities in respect of individuals, companies, partnerships and joint ventures.
We represent and advise clients in single asset as well as multi property/portfolio acquisitions and dispositions.
We advise on investigate titles, change of user, make inquiries and conduct searches as well as draft conveyances. We protect the rights of our landlord-clients to possession and receiving of rent and our tenant-clients from unlawful eviction and exploitation under the various Rent Acts.
We also advise and represent our clients in dispute resolutions between tenants and landlords and assist in out of court workouts and rearrangement obligations and terms of the contract.
Also we are involved in the facilitation of acquisitions, transfers, leases, easements and general dealing with real property.
We also act for clients in the agricultural, horticultural and plantations sector and have recently been involved in Turnkey Gated Community developments.
- Alternative Dispute Resolution – This practice offers advisory services as well as selective representation in local and international arbitration. Our senior partner is a co-founder of the Dispute Resolution Centre whose premises are next to ours. The Dispute Resolution Centre offers a range of techniques such as arbitration, mediation facilitation and med-arb to help clients resolve their disputes. Our other two partners have also trained in Arbitration and Alternative Dispute Resolution making this area of practice our firm’s specialisation.
- Constitutional Advice & Litigation – We have experience in a range of constitutional and public law matters, particularly labour and environmental issues, and have represented parties in the Constitutional Court in a diverse range of matters. We have also represented public interest organisations as Friends of the court in various matters and have brought and defended Constitutional Court cases on behalf of corporate clients.
- Medico-Legal – Our experienced and dedicated team understands the complex issues related to personal injury and medical law.
- Insolvency – Our litigators work directly with clients in structuring sophisticated commercial transactions to identify and minimize the effects of insolvency, offering leading insolvency solutions.
- Insurance & Banking – We have, for over a hundred years, acted for one of the major banks in the country. We also represent other financial institutions and insurance companies.
- Tax Litigation – We have a team dedicated to tax disputes litigation and resolution, which aims to settle tax disputes as amicably as possible. Our team includes tax experts, as well as skilled administrators and litigators.
We advise on the tax implications of M&A, capital markets transactions, banking and finance transactions. Our expertise in tax law spans : real estate tax, transfer tax, energy and infrastructure tax, stamp duty, VAT, Income Tax, Transfer pricing, corporate restructuring, private equity and other funds tax among others.
Many of our clients operate in sectors frequently targeted by class action suits and group litigation which we are well equipped to handle.
We provide the highest quality legal and transactional advice and services to a broad spectrum of clients, including corporate borrowers, commercial banks, investment banks, other financial institutions, funds, state-owned entities and governments.
Our specific areas of expertise include asset finance, asset management, banking, finance & securities disputes, financial services regulation, general lending, leveraged finance, real estate finance & work outs, micro-finance & social investments to restructuring and securitization. We advise on complex corporate finance, syndicated and project finance transactions and have acted for several large local and international banks on all types of finance transactions.
We focus both on intricate domestic banking and finance deals as well as complex cross-border transactions. This varied focus means that our lawyers possess both global and local perspectives, from a multi-jurisdictional asset-financing and currency-hedging transaction to a more straightforward domestic lending transaction. What’s more, our lawyers are committed to prioritising transactions and ensuring that they are concluded successfully.
3. Bankruptcy & Restructuring
Liquidation or insolvency (referred to in some jurisdictions as ‘bankruptcy’) has not lost its place as a mechanism for recovery of debt, but has evolved into a sophisticated tool of commercial strategizing and restructuring.
Our expertise covers all aspects of insolvency ranging from:
- Applications to liquidate companies and close corporations
- Advising on voluntary winding-up as part of a group re-structuring
- Judicial management
- Schemes of arrangement
- Conducting interrogations and forensic investigations
- Proof of claims
- Potential implications of insolvency on commercial transactions
- Advice in regard to sequestrations (personal bankruptcy matters)
4. Intellectual Property Law
We complete patent, trademark and design registration for our clients. We are also actively involved in litigation for intellectual property rights, assignments and registered user agreements (licences) for numerous multinational and local clients, copyright infringement actions as well as in protection of our clients’ licensing agreements, plant breeders’ rights and trade symbols in actions for passing off.
5. Employment & Labour Law
Here we mainly offer consultation to our clients as regards relationships between various parties under employment contracts.
We advise on the individual as well as collective employment aspects including employment contracts, service contracts, executive remunerations, restrictive covenants, pensions and benefits.
This practice also undertakes settlement of employment disputes as well as preparation of employment contracts and service agreements.
6. Family Law & Practice
This firm will selectively act in proceedings for divorce, nullity of marriages and judicial separation with particular emphasis on Alternative Dispute Resolution mediation to lessen the trauma of the fragmenting family.
We likewise get involved in proceedings for determination of inter-spousal property rights before, on or after dissolution of marriages.
We are similarly involved in the preparation, revocation, alteration and revival of wills as well as in applications for grant of probate of wills and letters of administration. In addition we do both local and international adoptions.
We handle disputes involving custody, maintenance, care and control and access in disputes involving children.
7. General Practice
We also offer consultation on matters related to immigration and nationality. We also assist in the procurement of entry permits, work permits and their extensions for foreign nationals where such instructions are part of an Overall Retainer Instruction.
8. Oil Gas & Mining
We have a team of lawyers with broad expertise in the oil and gas industry who advise clients on bidding and negotiating for oil and gas contracts.
We negotiate contracts on behalf of clients and draft joint operating agreements, shareholders’ agreements, farm-in and farm-out agreements, intellectual property ownership agreements, drilling and rig agreements, regional pipeline and refinery agreements, oil and gas trading, licensing agreements and health and safety agreements.
Our lawyers are skilled in conducting complex arbitrations between commercial enterprises.
The firm has many experienced arbitrators and lawyers who represent parties in local and international arbitration proceedings on diverse matters ranging from the energy sector to the hospitality sector.
10. Trade & Commerce
We at Agimba and Associates appreciate the impact of globalisation on international trade and cross – border investments.
We offer strategic advice, import and export control, customs control and compliance as well as domestic statute compliance.
We have also been involved in contractual dispute resolution through litigation and arbitration.