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Commercial And Corporate [2019] UGCA 355

Nevia Company Ltd Vs Biersdorf AG

Nevia Company Ltd Vs Biersdorf AG (Civil Appeal No. 172 of 2014) [2019] UGCA 355 (22 October 2019)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 172 of 2014
Judge
Owiny-Dollo, DCJ, Egonda-Ntende, JA, Tuhaise, JA

The Court of Appeal found that the trial judge erred in entering judgment on admission for trademark infringement based solely on correspondence exhibited at the scheduling conference. The appellant had denied infringement in its pleadings and scheduling memorandum, and specifically challenged the authority of Prof. Dr. Kanyeihamba to make admissions on its behalf. These objections raised complicated factual and legal issues regarding agency and mandate, which rendered the admissions neither plain nor unequivocal. The court held that in such circumstances, the matter should have proceeded to…

Source excerpt

  • Trademark Infringement
  • Judgment On Admission
  • Authority Of Agent
  • Fair Hearing
  • Civil Procedure Rules
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Civil Procedure [2007] UGCommC 25

DFCU Leasing Co Ltd v Nasolo Faridah (HCT-00-CC-MA 74 of 2007)

DFCU Leasing Co Ltd v Nasolo Faridah (HCT-00-CC-MA 74 of 2007) [2007] UGCommC 25 (22 March 2007)

Court
Commercial Court of Uganda
Case number
HCT-00-CC-MA 74 of 2007

The court held that the misquotation of the statutory instrument number was a minor procedural irregularity that did not mislead the respondent or cause injustice, and thus could be overlooked in the interest of substantive justice as mandated by Article 126 of the Constitution. Regarding the failure to attach lists of witnesses, documents, and authorities as required by Order 6 rule 2 of the Civil Procedure Rules, the court found that the relevant documents were in fact attached to the affidavit, and the deponent was the witness. The purpose of the rule is to prevent ambush, and since the re…

Source excerpt

  • Consolidation Of Suits
  • Procedural Irregularities
  • Affidavit Requirements
  • Civil Procedure Rules
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Civil Procedure [1995] UGHC 5

G.M Combined (U) Ltd V The Chief Registrar of Titles (Misc. Appl. No. 415 of 1995)

G.M Combined (U) Ltd V The Chief Registrar of Titles (Misc. Appl. No. 415 of 1995) [1995] UGHC 5 (18 October 1995)

Court
High Court of Uganda
Case number
Misc. Appl. No. 415 of 1995

The court held that under Order 1 rule 10(2) of the Civil Procedure Rules, a party may only be joined if the applicant has a claim against them or if their presence is necessary for the complete adjudication of the matter. In this case, the applicant had no claim against the registered proprietor seeking to be joined, nor was their presence necessary for the determination of the application under section 190 of the Registration of Titles Act, which is directed solely at the Chief Registrar of Titles. The court further found that the cited authorities did not support the joinder in these circu…

Source excerpt

  • Joinder Of Parties
  • Registered Proprietorship
  • Civil Procedure Rules
  • Land Title Disputes
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.