Diana Kyobutungi

Diana Kyobutungi

Partner

Practice Areas

  • Corporate and Commercial practice 

Qualifications

  • Master of Laws (LLM) from the University of Cape Town 
  •  Bachelor of Laws (LLB) (Hons) from the University of Dar es Salaam.

Affiliations

  • Member of the Chartered Institute of Arbitrators, UK.

Diana is an advocate of the High Court of Uganda and the High Court of Tanzania with over ten years of legal experience as a transactions lawyer in tier-one leading law firms. She spearheads the Corporate and Commercial practice at TASLAF, leading and providing oversight over two departments within the firm namely; Employment, Commercial Advisory and Dispute Resolution department, and the Legal and Regulatory Compliance department. She is also in charge of the Energy, Infrastructure and Construction department of the firm. She provides support to the Tax and Corporate Finance departments of the firm.

Diana is a qualified advocate in both Uganda and Tanzania. She brings a wealth of over 10 years of legal experience gained from her tenure as a transactional lawyer in top tier law firms, including Mkono and Co Advocates, then in assn. with SNR Denton, Ako law then in assn. with Clyde & Co UK, and FK Law Chamber, then in assn. with Shadbolt LLP UK. She has also worked as a CEO, consultant and a trainer for Kasirye, Byaruhanga & Co. Advocates, Frederick Francis & Associates, Advocates, Birungyi, Barata & Associates, Trust Law Chambers, Rwanda and several businesses and entities across Uganda and East Africa.

She has developed key skills, knowledge, and experience in handling large and complex multi-party transactions, both as a head of the team and individually. Her profile below therefore details the transaction work she has conducted in various fields of law mainly emerging from cross border and international transactions with a Tanzanian legal element. Diana holds a Master of Laws (LLM) from the University of Cape Town and a Bachelor of Laws (LLB) (Hons) from the University of Dar es Salaam. She is also a member of the Chartered Institute of Arbitrators, UK.

Transactional work experience

  • Corporate & Commercial Advisory

    • Assisted in advising Webber Wetzel SA in an ongoing acquisition involving various competition, investment and other regulatory issues (2011);
    • Assisted in reviewing various transactional documents issued in connection with the acquisition of Millicom Tanzania’s network infrastructure assets, (2011);
    • Assisted in advising Kenya Airways on their rights issue in Tanzania (2011);
    • Assisted in advising MTG Sweden on their restructuring and transfer of shares in MTG Viasat Tanzania (2011):
    • Advised and acted as client contact for Ndege Juu Yaa Africa Limited, a Ugandan Company on their joint venture/SPV with respect to the Tullow Oil PLC contract (2010); 
    • Assisted in advising Tanzania Tea Packers Limited on its investment in Rungwe Avocado Limited, a company specializing in growing packaging and marketing avocados for export (2010);
      •Assisted in advising WiA Group Limited on its acquisition of Data Dimensions Tanzania Limited (2010);
    • Assisted in advising PME Infrastructure Opportunities on its acquisition of Sasatel House (2010); 
    • Assisted in advising African Century Foods Limited on its investment in SON Fish Farm Limited, a fish processing farm and facility located in Uganda (2010);
    • Assisted in advising and acted as client contact for LTA Construction Limited on its dissolution and restructuring in Tanzania as LTA Grinnaker (2010);
    • Assisted in advising Deutsche Asset Management (Asia) Limited on its investment in Mountainside Investments Limited from Tanzania Breweries Limited (2009); and,
    • Assisted in advising Gateway Broadcasting on the insolvency proceedings and processes for GTV Tanzania Limited (2009).

    Impact Finance 

    • Assisted in advising CDC Group plc. (through Actis Capital LLP) and Finnish Fund for Industrial Cooperation on their disposal of Kilombero Valley Teak Company Limited (2010); 
    • Assisted in advising Agence Française de Dévelopment (AFD) in connection with a EURO 30 million loan by AFD to the Government of Tanzania (2010); and,
    • Assisted in advising IFU, the Danish Industrialisation Fund for Developing Countries, in connection with several investments made in companies in Tanzania and Zanzibar (2010).

    Banking, Insurance and Finance Law 

    • Assisted in advising Caterpillar Financial Services Corporation USA on a loan transaction to a mining equipment subsidiary in Tanzania (2012); 
    • Advised Zurich Insurance on insurance regulatory matters in Tanzania (2012); • advised Bank M (Tanzania) Limited on execution authority of bank guarantees in accordance with the board’s credit policy (2012); 
    • Assisted in advising United Bank Limited and Equity Bank Kenya on all operational and regulatory requirements for opening up branches in Tanzania (2011); 
    • Assisted Hamilton Harrison & Mathews- Nairobi in advising Standard Chartered Bank London and Standard Chartered Bank Tanzania Limited in connection with a US$ 83 million oil financing facility to Hashi Energy Tanzania and Hashi Energy Kenya Limited (2011); 
    • Advised Cessna Finance Export Corporation, a Delaware, USA corporation under the terms of various finance leases to Coastal Travels Limited, Air Excel Tanzania Limited among others (2011); 
    • Advised Agence Francaise De Developpement (AFD-France) on the regulatory environment in Tanzania for public debt management & the impact of their rating as first class international bank (2012); 
    • Advised the Royal Bank of Scotland on general finance leasing and aviation laws of Tanzania in accordance with a short-term wet lease arrangement with an aviation company (2011); 
    • Advised Millicom (Tigo) one of Tanzania’s leading mobile telecom operators in relation to a syndicated loan of US$ 309 million to refinance an existing third-party debt and to finance working capital investments in the client’s telecommunication network infrastructure (2011); 
    • Assisted in advising Babcock and Brown Aircraft Management LLC Nbb28596 Lease Partnership with Precision Air under the terms of a finance lease (2011); 
    • Assisted in advising Standard Chartered Bank in connection with 38-million-dollar loan facility granted to Hapco Fze which included negotiating, finalizing and registering the security documentation and providing general advisory services and a legal opinion (2011); 
    • Advised SNR Denton Citigroup Global Markets Ltd (Cgml) GBP 5000 on a questionnaire for trading financially settled commodities in Tanzania (2011); 
    • Advised Citibank in relation to legal issues arising during the confirmation of letters of credit issued by a local bank (2011); 
    • Assisted in advising Simmons and Simmons in connection with a security agreement in Tanzania for Credit Suisse (2011); 
    • Assisted in advising Swedfund in connection with the capitalization of debt in an investment company in Tanzania (2010); and, 
    • Assisted in advising Bakhresa Food Products Limited in connection with an ECAbacked loan from Commerzbank (2010).

    Non-profits & NGOs 

    • Advised Wildlife Conservation Society US in the corporate clean up and restructuring of their local entity (2012); 
    • Advised local and international NGOS like VSO, Restless Development (formerly SPW), Focus Inc USA, Hospital Sisters US on set up in Tanzania and land lease and Tenancy laws and requirements (2011); and, 
    • Represented the firm senior partner and made a presentation on his behalf to the IIG group, Tanzania comprised of country directors, CFOs and group heads of NGOs in Tanzania (2012). Employment • Assisted in advising Lafarge on employee worldwide offerings and obtaining clearance from the Central Bank of Tanzania (2011); and, 
    • Assisted in advising Serengeti Breweries Limited on various regulatory and corporate requirements for distributors in Tanzania and rightful governing law (2011).

    Tax Advisory

    • Assisted in advising lead counsel and acted as client contact in successfully litigating a complex two million US dollar VAT refund claim for Total (T) Ltd (a subsidiary of Total France) (2010); 
    • Assisted in advising lead counsel and acted as client contact in advising Establissement Maurel and Prom, Tanzania on tax matters in connection with the disposal of assets under its PSA agreement (2010); 
    • Assisted in advising lead counsel in the successfully resolution of a dumping and customs duty dispute for Engen Petroleum (Tanzania) Ltd resulting in a tax saving of nine million US dollars for the company (2009); 
    • Assisted in advising lead counsel in the successfully resolution of a fifteen million US dollar VAT and withholding tax dispute for Grinnaker-LTA resulting in a tax saving of eight million US dollars for the company Grinnaker-LTA (2009); 
    • Assisted in advising local lead counsel in the advanced stage of resolving a twelve million US dollar VAT dispute for Tanzania International Container Terminal Services Ltd-TICTS (a subsidiary of PHP International Container Terminal Services Inc) (2009); 
    • Assisted in advising lead counsel in the advanced stage of resolving a twenty-one million US dollar fuel levy refund dispute for Geita Gold Mine (a subsidiary of AngloGold Ashanti) (2009); and, 
    • Singly handled and worked as a filing and drafting assistant for the taxation lead counsel in preparing, instituting and litigating all tax appeals at the Tax Revenue Board, the Tax Tribunal and the Court of Appeal of Tanzania for various clients including; Barclays Bank (Tanzania) Limited, Kilombero Valley Teak Company Limited, Limited, Wakulima Tea Company (2009-2010).

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