Joseph Musinguzi, LLB (MAK), PGDLP (LDC)
Lawyer | Intellectual Property Specialist | Public Procurement & Disposal Expert | Construction & Arbitration Lawyer | Insolvency Practitioner
Professional Overview
Joseph Musinguzi is a seasoned legal practitioner with a distinguished career in corporate and commercial law, specializing in intellectual property (IP), public procurement, construction law, arbitration, and insolvency. A graduate of Makerere University (LLB) and the Law Development Centre (PGDLP), Joseph is a registered Advocate of the High Court of Uganda with a proven track record in litigation, advisory services, and dispute resolution.
His expertise spans both private and public sector legal frameworks, making him a versatile lawyer capable of handling complex transactions, regulatory compliance, and high-stakes negotiations. With a sharp analytical mind and a client-centric approach, Joseph delivers strategic legal solutions tailored to individual and corporate needs.
Core Practice Areas
1. Intellectual Property Law
- Trademarks & Copyrights: Registration, enforcement, and litigation to protect brands and creative works.
- Patents & Industrial Designs: Legal advisory on innovation protection and commercialization.
- IP Licensing & Franchising: Drafting agreements to maximize IP asset value.
- Anti-Counterfeiting & Enforcement: Combating piracy and unauthorized use of intellectual property.
2. Public Procurement & Disposal of Public Assets (PPDA)
- Tender Compliance & Bid Protests: Ensuring adherence to Uganda’s PPDA Act and regulations.
- Contract Negotiation & Dispute Resolution: Handling procurement-related conflicts and arbitration.
- Asset Valuation & Disposal: Legal guidance on transparent and lawful public asset management.
- Fraud & Corruption Prevention: Advising on ethical procurement practices and compliance audits.
3. Construction Law & Arbitration
- Contract Drafting & Review: FIDIC, EPC, and PPP agreements for infrastructure projects.
- Construction Disputes: Mediation, arbitration, and litigation in delays, defects, and payment disputes.
- Regulatory Compliance: Navigating construction permits, environmental laws, and land acquisition issues.
- Adjudication & ADR: Efficient resolution through negotiation and institutional arbitration (e.g., UNCITRAL rules).
4. Insolvency & Debt Restructuring
- Corporate Insolvency: Liquidation, receivership, and administration proceedings.
- Debt Recovery & Creditor Rights: Enforcement of security interests and insolvency litigation.
- Business Rescue & Restructuring: Advisory on turnaround strategies and insolvency avoidance.
Education & Professional Credentials
- Bachelor of Laws (LLB) – Makerere University
- Postgraduate Diploma in Legal Practice (PGDLP) – Law Development Centre (LDC)
Career Highlights
PUBLIC PROCUREMENT CASES AT APPEALS TRIBUNAL (2024- 2025)
1. K-Solutions Limited v Ministry of Water and Environment (Application 30 of 2023) [2023] UGPPDPAAT 31 (14 December 2023)
The Application was for a Tender for the procurement for LOT-Supply and installation of 10 hydrological stations, and Lot 2- supply and installation of 10 meteorological weather stations under the SACRIAC Project vide procurement Ref No. MWE-WSDF-E/SUPLS/23- 24/0001/1/2.
Ruling: The Application was allowed. The award to the Best evaluated Bidder was set aside.
2. Quality Inspection Services Inc Japan Vs Uganda National Bureau of Standards, consortium of EAA Company Ltd; East Africa Auto Technical Testing, Auto Terminal Japan Ltd, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV, Application No. 9 of 2024.
The application was in respect of the emergency procurement for the provision of pre-export verification of conformity to standards service providers for used motor vehicles under Procurement NO. UNBS/NCONS/2023-2024/0005
Ruling: Application dismissed by the Tribunal. The PDE was ordered to continue with the procurement process to its logical conclusion.
3. Rexco Limited Vs Budaka District Local Government, Application No. 10 of 2024.
Tender for construction of a ward at Budaka Health Centre IV Phase 1 Vide procurement Ref No. BUDA57/WRKS/2023-2024/00003. The subject matter of the application was worth UGX. 158,290,923/=
Ruling: The Accounting Officer should make the decision within 10 days from receipt of the complaint. If the Accounting officer doesn’t make a decision within the stipulated time frames, the bidder may make an application to the tribunal within 10 day from the date of the expiry of the stipulated period.
4. Global paper products Limited Vs Uganda National Examinations Board, Application No.11 of 2024.
The Application was for a tender for the disposal of waste paper/old scripts for two
(2) years under disposal Ref. No. UNEB / DISP / 23/24/00003. The subject matter of the application was worth UGX. 1, 878, 800, 000/=
Ruling: Appeal was allowed in part. The tribunal substituted the impugned cancellation with its own cancellation of the disposal process.
5. Juan Carlos Surace Limited Vs Masindi District Local Government, Application No. 12 of 2024.
An application in respect of the procurement for the construction of facilities at Kinumi Community Seed Secondary School in Miirya Sub County in Masindi District under procurement Ref. No. MOES-MASINDI/UGFT/WRKS/2023- 24/00001. The subject matter of the application was worth UGX. 2, 076, 930, 154/=
Ruling: Application was allowed and the Respondent directed to re-evaluate the
bids within 10 working days from the date of the Tribunal’s decision.
6. Fueless Technologies Limited Vs Mbale City Council, Application No.13 of 2024.
A Tender for the collection of revenue from street parking in Mbale City for FY 2023/2024 under procurement Ref. No. MBALE 608/SERVICE/23- 24/00017. The subject matter of the application was worth UGX. 36, 193, 900/=.
Ruling: The Application was struck out as there was no complaint for administrative review before the Accounting Officer in the first place.
7. Nami Hardware Ltd Vs Mbale District Local Government Application No. 14 of 2024.
A tender for the construction of three classroom Block at Jewa Primary School Phase 1 Under Procurement Reference No. MBAL/891/WRKS/23-24/00010.
Ruling: The Procuring entity can seek clarification under Regulation 7 of the Public Procurement and Disposal of Public Assets (Evaluation) Regulations, 2023. (Moreso on honest mistakes in typing). The need to adhere to the bidding documents by any bidder.
8. Multiplex Ltd v Masaka City Council Application No. 15 of 2024.
Review of the Procurement for the construction and Rehabilitation of Masaka recreation grounds on Plot 3-5, Broadway, Kimanya Ward, Masaka City Phase 1 Under Procurement Reference No. MASA607/WRKS/23-24/0001
Ruling: A bidder dissatisfied with the decision of the Accounting Officer has 10 working days to file an application to the Tribunal. Public holidays are excluded in the computation of time. Per Regulation 33(b) of the Public Procurement and Disposal of Public Assets (Tribunal) (Procedure) Regulations 2016 and Section 2(1) of the Public Holidays Act, Cap 255.
- Raxio Data Centre SMC LTD Vs Bank of Uganda Application No. 21 of 2024. Review of the procurement for the provision of business resumption data Centre (BRDC) relocation under Procurement Reference No. BOU/NCONS/22- 23/00220/C.
Ruling: The accounting officer’s decision made and communicated to the Applicant on May 24, 2024 was made in breach of the law and no decision at all. Where an Accounting officer does not make a decision or communicate a decision within the period specified in subsection (7), the aggrieved bidder is expected to file an application to the Tribunal, in accordance with Part VIIA of the Act, within 10 days from the date of expiry of the period within which the Accounting officer ought to have made and communicated his administrative review decision.
10. Nam Terminal Consults Ltd Vs Mbale District Local Government Application No. 16 of 2024.
Tender of procurement for the construction of an out patient Department (OPD) at Lwaboba Health Centre III In Bunambutye Sub County in Mbale District Local Government under Procurement Reference No. MBAL891/WORKSA/23- 24/00014
Ruling: An accounting officer is duty bound to advise a complainant on the prescribed Administrative Review fees and where to pay the said fees, upon receipt of a complainant. The Tribunal has been consistent on the principle that late payment of administrative review fees is not necessarily fatal and that even actual non payment of court fees has been held not to be fatal. So long as the proper fees can be assessed and paid.
11. Pynet Technologies SMC Ltd v Ministry of Lands, Housing & Urban Development PPDPA Appeals Tribunal Application No. 34 of 2024.
The Ministry of Lands, Housing & Urban Development invited bids in respect of procurement of assorted information and Communication Technology (ICT) equipment for different entities. Seven bids were received for Lot 1 including the applicant’s bid. The subject matter USD $ 896,588.91.
Ruling: In view of the provisions of section 4(!) of the Public Procurement and Disposal of Public Assets Act the time given for the Accounting officer to make and communicate a decision as stipulated in the World Bank Procurement Regulations for investment Project Financing (IPF), Borrowers November 2020, 15 Business Days from receipt of the complaint must prevail over the timeline of ten
(10) days stipulated in section 89(7) of the Public Procurement and Disposal of Public Assets Act