Financial Recoveries
Overview
Our Financial Recoveries Department covers the following areas:
- Loan/credit facility recoveries
- Vehicle repossessions
- Rent arrears recoveries
- Insurance claims
- Eviction
- Cancellation of agreements
Aviation Law
Overview
AVIATION LAW EXPERIENCE & CAPABILITY
The field of Aviation Law is as interesting as it is diverse. Aviation Law ranges from commercial aircraft leasing transactions to litigation. Armstrongs has been privileged to have been given instructions relating to much of this field.
John Carr-Hartley acted in the very first aircraft accident review proceedings undertaken in Botswana. Because there was no precedent for these types of proceedings, this required learning and understanding the legislation, requirements, procedures and evidence needed from scratch. The knowledge gained by this has proved invaluable in subsequent years.
Since the first aircraft accident review, John Carr-Hartley has received a number of mandates in relation to aviation generally. These include:
- Counsel in litigation in the successful defence of a claim by American Tourists following a piston-driven aircraft that was involved in an accident that occurred in the Kasane region;
- Counsel for the Plaintiff (the aircraft owner and operator) in litigation against an Aircraft Maintenance Organisation concerning the question of whether required maintenance had been carried out and, if not, whether the failure to undertake the maintenance led to a fatal accident of a turbine driven aircraft the Okavango region;
- Appointed as an Expert on Botswana Aviation Law and providing advice to Cessna Aircraft Company of Wichita, Kansas, USA on liability for aircraft accidents under Botswana Law in relation to the above accident;
- Drafting and preparation of two Airstrip Use Agreements and associated Indemnities for two different clients;
- Drafting and preparation of two Agreements for the purchase and sale of two rotary aircraft;
- Drafting and preparation of a purchase and sale Agreement for the sale of a Cessna 206 aircraft (mandate from a fellow attorney).
Present and past Aviation Law related clients include:
- Mack Air (Pty) Limited, the largest air charter company in Botswana, operates some 17 Cessna Caravan 208B aircraft;
- Moremi Air (Pty) Limited
- Helicopter Horizons
- Belmond Safaris
- Sanctuary Retreats
- Chobe Holdings Limited.
Banking & Finance
Overview
The firm provides commercial and highly practical advice across all sectors and in respect of the full spectrum of financial products including syndicated lending, project finance, asset finance, acquisition finance, structured finance and leasing, and has considerable international and local experience in this field. The commercial team also advises on financial sector regulation, insolvency and restructuring. Their clients include all major banks, large commercial enterprises (both local and international), global financial institutions, multinational corporations and parastatals.
Commercial Contracts
Overview
The Commercial Department of Armstrongs, with a complement of five Lawyers, headed by Partner Sipho Ziga, advises on a range of commercial transactions. In addition to providing advice on commercial transactions, the Commercial Department also drafts and prepares a wide range of commercial agreements.
The Commercial Department has significant experience in but not limited to:
- Project Finance Agreements;
- Shareholders’ Agreements;
- Joint Venture Agreements;
- Transactional Agreements;
- Management Agreements;
- Agreements of Purchase & Sale;
- Leases;
- Development & Subscription Agreements;
- Franchise Agreements;
- Outsourcing Agreements;
- Non-Disclosure Agreements;
Competition Law
OVERVIEW
The firm has extensive experience in the competition law practice, which includes preparing merger notifications, conducting public hearings for merger notification applications, appearing before the Competition and Consumer Tribunal to challenge decisions made on merger applications by the Competition and Consumer Authority, advising clients on anti-competitive practices such as bid rigging and collusive behaviors. We also represent clients on investigations or dawn raids by the Competition and Consumer Authority and advise clients on making representations in relation to such.
The Commercial Department team maintains excellent working relations with the Competition and Consumer Authority and this typically assists in ensuring seamless service to our clients in concluding transactions and resolving issues with the Competition and Consumer Authority.