Uganda Case Law

Nile Breweries Limited v Sebuggwawo

Nile Breweries Limited v Sebuggwawo (Miscellaneous Application 252 of 2024) [2024] UGCommC 64 (18 March 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 252 of 2024

Judge

Mutesi, J

The court found that the applicant established an extremely strong prima facie case of breach of confidentiality and unauthorised disclosure of trade secrets, supported by affidavit evidence and annexed emails. The respondent's conduct in transferring sensitive business information to his personal email and joining a competitor immediately after resignation created a real risk of destruction of evidence. The court held that all three pre-conditions for the grant of an Anton Pillar Order were satisfied: a strong prima facie case, serious potential damage to the applicant, and clear evidence of…

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• Breach Of Confidentiality
• Trade Secrets Protection
• Anton Piller Orders
• Employment Contracts
• Unauthorised Disclosure
• Interlocutory Relief

Muse AF Enterprises Company Limited v Lingi Huatai Battery Manufacturing Company Limited

Muse AF Enterprises Company Limited v Lingi Huatai Battery Manufacturing Company Limited (Miscellaneous Application 376 of 2023) [2023] UGCommC 54 (30 June 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 376 of 2023

Judge

Harriet Grace Magala, J

The High Court’s Commercial Division granted leave to appeal, stayed HCCS No. 0376 of 2020, and kept Anton Piller orders in force pending appeal.

• Leave To Appeal
• Trademark Infringement
• Res Judicata
• Lis Pendens
• Summons For Directions
• Anton Piller Orders

Linyi Huatai Battery Manufacturing Company Limited v Musa AF Enterprises Company Limited

Linyi Huatai Battery Manufacturing Company Limited v Musa AF Enterprises Company Limited (Civil Miscellaneous Application No. 573 of 2020) [2021] UGCommC 35 (12 August 2021)

Court

Commercial Court of Uganda

Case number

Civil Miscellaneous Application No. 573 of 2020

Judge

Boniface Wamala, J

The High Court extended an Anton Piller order in a trademark dispute, holding that the applicant’s registered rights justified interlocutory protection pending the main suit.

• Trademark Infringement
• Anton Piller Orders
• Abuse Of Court Process
• Interlocutory Injunctions
• Anton-piller-orders
• Trademark-infringement

Jubilee Industries Ltd v Balle Balle (U) Ltd (H.C.Miscellaneous Application No. 855 of 2020)

Jubilee Industries Ltd v Balle Balle (U) Ltd (H.C.Miscellaneous Application No. 855 of 2020) [2021] UGCommC 93 (12 January 2021)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 855 of 2020

Judge

Gaswaga, J

The High Court granted an Anton Piller order in a trademark dispute over similar beverage marks, but declined to grant a temporary injunction ex parte.

• Trademark Infringement
• Anton Piller Orders
• Temporary Injunctions
• Ex Parte Applications
• Anton-piller-orders
• Trademark-infringement

Linyi Huatai Battery Manufacture Co Ltd v Musa AF Enterprises Co Ltd

Linyi Huatai Battery Manufacture Co Ltd v Musa AF Enterprises Co Ltd (Miscellaneous Civil Application No. 425 of 2020) [2020] UGCommC 26 (13 July 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application No. 425 of 2020

Judge

Boniface Wamala, J

The Applicant established an extremely strong prima facie case of trademark infringement and passing off against the Respondent, supported by affidavit evidence and documentary proof of trademark registration. The damage caused by the Respondent's actions, including loss of market share, revenue, and reputation, was found to be serious and irreparable. The Applicant demonstrated a real risk that the Respondent would destroy or dispose of incriminating materials before an interpartes hearing, thereby defeating the ends of justice. The Court, applying the principles from Anton Piller KG v Manuf…

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• Trademark Infringement
• Passing Off
• Anton Piller Orders
• Interlocutory Injunctions

Linyi Huatai Battery Manufacturing Company Ltd v Muse AF Enterprises Compnay Limited

Linyi Huatai Battery Manufacturing Company Ltd v Muse AF Enterprises Compnay Limited (Miscellaneous Application No. 425 of 2020) [2020] UGCommC 28 (13 July 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 425 of 2020

Judge

Boniface Wamala, J

The Applicant established a strong prima facie case of trademark infringement and passing off, supported by registration of the 'PANASUPER' mark and evidence of unauthorized use by the Respondent. The alleged conduct resulted in loss of market share, revenue, and reputation, amounting to serious damage. There was credible evidence that the Respondent possessed incriminating goods and documents and a real risk of destruction or disposal of such evidence before an interpartes hearing. The Court found that the requirements for an Anton Piller order were satisfied: (1) strong prima facie case, (2…

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• Trademark Infringement
• Anton Piller Orders
• Passing Off
• Interim Injunctions
• Evidence Preservation

Pastificio Lucio Garafolo S.P.A v Quick Salers (U) Ltd

Pastificio Lucio Garafolo S.P.A v Quick Salers (U) Ltd (Miscellaneous Application No. 688 of 2018) [2019] UGCommC 235 (25 January 2019)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 688 of 2018

Judge

Wabwire, J

The court found that the applicant is the registered proprietor of the Santa Lucia trademark in Uganda, as evidenced by the certificate of registration and renewal attached to the affidavit. The applicant established a strong prima facie case of trademark infringement, supported by photographic evidence of the products and packaging. The court was satisfied that the risk of destruction or concealment of evidence by the respondent justified the grant of an Anton Piller order. Section 79(2) of the Trademarks Act empowers the court to make such orders ex parte to facilitate the procurement and p…

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• Trademark Infringement
• Anton Piller Orders
• Evidence Preservation
• Ex Parte Applications

Pastificio Lucio v Semwanga (HCT-00-CC-MA 136 of 2013)

Pastificio Lucio v Semwanga (HCT-00-CC-MA 136 of 2013) [2014] UGCommC 25 (28 February 2014)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 136 of 2013

The High Court dismissed an ex parte Anton Piller application after finding no proof that the applicant’s alleged agent had authority to swear the supporting affidavit.

• Anton Piller Orders
• Trademark Infringement
• Agency Capacity
• Affidavit Validity
• Anton-piller-orders
• Trademark-infringement