Uganda Case Law

Wen Jie v Nabimanya & Anor

Wen Jie v Nabimanya & Anor (Civil Suit No. 605 of 2014) [2018] UGCommC 62 (24 April 2018)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 605 of 2014

The court found that Bregah International Limited was the named consignee on the bill of lading, paid all taxes and transport costs, and was invoiced by the supplier. There was no credible evidence that Wen Jie or Amarachi General Commerce had ownership of the goods in dispute. The WhatsApp messages and other evidence presented by Wen Jie did not establish a valid arrangement for Bregah to act as a mere agent or nominee. Amarachi failed to provide any documentary proof of ownership or payment for the goods. The bill of lading, as a document of title, conferred the right to immediate possessio…

Source excerpt

• Ownership Of Goods
• Bill Of Lading
• Conversion
• Trade Marks
• Burden Of Proof

In Re: Kenya Farmers Association (Co Operative) Limited; In Re: Trade Marks Ordinance 1930 (C.C. 262/1932.)

In Re: Kenya Farmers Association (Co Operative) Limited; In Re: Trade Marks Ordinance 1930 (C.C. 262/1932.) [1933] EACA 10 (1 January 1933)

Court

East African Court of Appeal

Case number

C.C. 262/1932.

Judge

Lucie-Smith Ag CJ (Kenya)

The court held it had no first-instance jurisdiction over a trade mark registrability application and dismissed the motion as premature, with no order as to costs.

• Trade Marks
• Registrability
• Jurisdiction
• Procedure Under Trade Marks Ordinance
• Trade-marks
• Trade-mark-procedure

Leeuw v Macedonia Tobacco Company (C.A. 17/1931.)

Leeuw v Macedonia Tobacco Company (C.A. 17/1931.) [1931] EACA 6 (1 January 1931)

Court

East African Court of Appeal

Case number

C.A. 17/1931.

Judge

Barth CJ, Pickering, C.J. (Zanzibar), Thomas, J. (Kenya)

The Court held that the words 'Tumbako Asli' are a general adjectival term in Swahili meaning 'original' or 'genuine', commonly used by native consumers to describe tobacco of a certain quality and type. The evidence did not establish that the term had acquired a distinctive secondary meaning exclusively identifying the appellants' goods. The respondents' use of 'Tumbako Asli' was not calculated to deceive, nor was there any evidence of actual deception. The get-up of the respondents' packaging was entirely different from that of the appellants, and the price and other distinguishing features…

Source excerpt

• Passing Off
• Trade Marks
• Descriptive Terms
• Secondary Meaning
• Injunctive Relief