Uganda Case Law

Elite Gold Limited v Indo-Bali Distributors Limited (032264; 043533; Trademark Registration 45697 of 2024)

Elite Gold Limited v Indo-Bali Distributors Limited (032264; 043533; Trademark Registration 45697 of 2024) [2025] UGRSB 6 (1 April 2025)

Court

Uganda Registration Services Bureau

Case number

032264 ; 043533 ; Trademark Registration 45697 of 2024

Judge

Birungi Denis - Senior Registration Officer

The Registrar found that jurisdiction to cancel trademarks based on prior foreign registration under section 45 of the Trademarks Act lies exclusively with the High Court, not the Registrar. The applicant failed to prove fraud or bad faith by the Respondent in registering the disputed trademarks. The Respondent's actions were consistent with the principle of territoriality, as the applicant had no trademark protection in Uganda at the time of registration. The applicant's allegations of fraud and bad faith were not sufficiently particularized or supported by evidence. The Registrar concluded…

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• Trademark Registration
• Bad Faith In Trademark
• Fraud In Trademark Registration
• Territoriality Principle
• Trademark Cancellation
• Registrar Jurisdiction

Bavima Steel Limited v Muscle Construction Limited & Another

Bavima Steel Limited v Muscle Construction Limited & Another (Miscellaneous Appeal 26 of 2024) [2024] UGCommC 245 (12 August 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 26 of 2024

Judge

Mutesi, J

The High Court held that a deputy registrar lacked jurisdiction to grant a substantive stay of execution pending objector proceedings, and allowed the appeal.

• Stay Of Execution
• Registrar Jurisdiction
• Objector Proceedings
• Execution Of Decrees
• Stay-of-execution
• Registrar-jurisdiction

Sanlam General Assurance Uganda Limited v ICEA General Insurance Company (U) Limited (Trademark Application 55973 of 2016)

Sanlam General Assurance Uganda Limited v ICEA General Insurance Company (U) Limited (Trademark Application 55973 of 2016) [2024] UGRSB 17 (23 July 2024)

Court

Uganda Registration Services Bureau

Case number

Trademark Application 55973 of 2016

Judge

Muliisa Solomon - Senior Registration Officer

The Registrar of Companies lacks jurisdiction to determine complaints based on alleged trademark infringement or passing off arising from a company's registered name. The Companies Act does not empower the Registrar to adjudicate on matters governed by the Trademarks Act or common law torts such as passing off. The applicant's complaint, which seeks to bar the respondent from using the word 'LION' in its name on grounds of trademark infringement and likelihood of confusion, falls outside the statutory mandate of the Registrar. The appropriate forum for such claims is the High Court, which has…

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• Company Names
• Trademark Infringement
• Passing Off
• Registrar Jurisdiction

East African Roofing Systems Limited v Metal Wood Industries Limited (Trademark Application 72822 of 2021)

East African Roofing Systems Limited v Metal Wood Industries Limited (Trademark Application 72822 of 2021) [2024] UGRSB 2 (7 February 2024)

Court

Uganda Registration Services Bureau

Case number

Trademark Application 72822 of 2021

Judge

Birungi Denis - Senior Registration Officer

The Registrar dismissed an opposition to the CROCODILE trademark applications, holding that the marks were not similar and that trade dress or passing off issues were outside the Registrar’s jurisdiction.

• Trademark Registration
• Opposition Proceedings
• Likelihood Of Confusion
• Distinctiveness
• Bad Faith
• Registrar Jurisdiction

Bisaso v Tumuhirwe

Bisaso v Tumuhirwe (Miscellaneous Application 8 of 2021) [2023] UGHCLD 213 (25 July 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 8 of 2021

Judge

Basaza, J

The court found that the learned Assistant Registrar had jurisdiction to entertain and determine the contempt proceedings arising from interlocutory orders in Misc. Applications Nos. 1043 and 1044 of 2020, pursuant to the expanded powers under the Civil Procedure (Amendment) Rules, 2019 and relevant Practice Directions. The Florence Dawaru case was distinguishable as it predated these amendments. The appellant's challenge to jurisdiction was overruled. On the issue of time limitation, the court held that the appeal was filed twelve days after the impugned decision, exceeding the statutory sev…

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• Appeal Time Limitation
• Registrar Jurisdiction
• Contempt Of Court Orders
• Injunctive Relief
• Affidavit Striking Out

Mugisa and 2 Others v Byaruhanga Midomo

Mugisa and 2 Others v Byaruhanga Midomo (Miscellaneous Appeal No. 3 of 2021) [2022] UGHCCD 139 (31 August 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Appeal No. 3 of 2021

Judge

Byaruhanga Rugyema, J

The High Court held the Assistant Registrar lacked jurisdiction after consent judgment, set aside the registrar’s orders, and required estate accounting and distribution.

• Letters Of Administration
• Distribution Of Estate
• Registrar Jurisdiction
• Consent Judgment
• Inventory Of Estate
• Winding Up Estate

EMTEC Construction Services Ltd v Barclays Bank (U) Ltd

EMTEC Construction Services Ltd v Barclays Bank (U) Ltd (Miscellaneous Application No. 1149 of 2015) [2017] UGCommC 51 (14 March 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1149 of 2015

The High Court set aside a registrar’s dismissal for want of prosecution and the default judgment in a counterclaim, holding both were entered without jurisdiction.

• Dismissal For Want Of Prosecution
• Registrar Jurisdiction
• Default Judgment
• Counterclaim Procedure
• Dismissal-for-want-of-prosecution
• Registrar-jurisdiction

Ashimwe and Others v Dr. Aggrey Kiyingi

Ashimwe and Others v Dr. Aggrey Kiyingi (Civil Application No. 191 of 2011) [2012] UGCA 62 (11 May 2012)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 191 of 2011

Judge

Mpagi-Bahigeine, DCJ, Kavuma, JA, Kasule, JA

The Court of Appeal of Uganda dismissed an application to stay High Court proceedings, holding the applicants had not shown compelling grounds for interim relief.

• Stay Of Proceedings
• Execution Of Decree
• Interim Orders
• Registrar Jurisdiction
• Stay-of-proceedings
• Interim-orders

Land Officer v Dewashi

Land Officer v Dewashi (Civil Appeal No. 73 of 1952) [1952] EACA 178 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 73 of 1952

Judges

Nihill P, Worley VP

The Court of Appeal for Eastern Africa held that a Registrar could rectify a boundary under the Land Registry Ordinance even if the error was brought to his attention by a plot holder.

• Land Registry Rectification
• Registrar Jurisdiction
• Boundary Disputes
• Land-registry-rectification
• Boundary-disputes
• Registrar-jurisdiction

Waris v Kirunda (H.C.Miscellaneous Application No. 188 of 2019)

Waris v Kirunda (H.C.Miscellaneous Application No. 188 of 2019) [2021] UGHC 16 (17 February 2021)

Court

High Court of Uganda

Case number

H.C.Miscellaneous Application No. 188 of 2019

Judge

Luswata, J

The court found that the applicant filed his defence within the time stipulated by the consent order and applicable rules, as the computation of the 15 days excluded the date of the order and included the last day, making the defence timely. Consequently, the second default judgment and all subsequent execution proceedings, including the sale and vesting order, were void and unlawful. The Registrar acted outside his jurisdiction in issuing a vesting order for registered land with an expired lease, and the execution should have been halted upon discovery that the applicant no longer had a lega…

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• Default Judgment
• Setting Aside Judgment
• Computation Of Time
• Execution Of Decree
• Registrar Jurisdiction
• Expired Lease