Commercial Court of Uganda - 2011 November

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7 judgments

Citation	Judgment date
November 2011
Techno Telecom Ltd v Kigalo Investments Ltd (Miscellaneous Cause No. 17 of 2011) [2011] UGCommC 112 (28 November 2011) Removal of a Ugandan trademark where prior foreign registration and non‑bona‑fide use (counterfeiting) are proven. Trade marks – Removal from register under s45 for prior registration in country/place of origin; s46 for non‑use (bona‑fide use). Hong Kong as Special Administrative Region – treated with China for reciprocity under Paris Convention. Admissibility of electronic/internet evidence (Electronic Transactions Act). Agent's affidavit competent where facts within agent's knowledge. Counterfeiting/passing off – labeling unlabelled imports not bona‑fide use.	28 November 2011
Atuzarirwe v The Pepper Publication Ltd & Anor (Civil Suit No. 231 of 2010) [2011] UGCommC 209 (24 November 2011) Whether the Commercial Court has jurisdiction over alleged copyright infringement raised alongside tort and privacy claims. Copyright — jurisdiction — s.45 Copyright and Neighbouring Rights Act 2006 confers Commercial Court jurisdiction to grant injunctions for infringement. Pleadings — sufficiency — whether plaint discloses cause of action for copyright infringement (authorship and moral rights). Court divisions — interplay between Commercial Division jurisdiction and Civil Division’s unlimited original jurisdiction for tort and constitutional claims. Procedure — rule 4(2) Practice Directions: registrar/judge to resolve forum where matter crosses divisional mandates.	24 November 2011
Dr Asaba George v Western Uganda Cotton Co Ltd (Civil Suit No. 353 of 2009) [2011] UGCommC 110 (23 November 2011) Defendant breached sale agreement; plaintiff awarded $200,000, contractual interest and nominal damages. Sale of business assets – breach of contract for non-payment of installment; contractual interest – entitlement and calculation; conditions precedent – applicability and belated reliance; counterclaim – service and non-appearance; award of nominal damages.	23 November 2011
Standard Chartered Bank and Others v Commissioner General Uganda Revenue Authority (HCT - 00 - CC - CS - 63 - 2011) [2011] UGCommC 2004 (21 November 2011) The issuance of bonus shares is not taxable as a dividend under Uganda's Income Tax Act. Tax Law - Income Tax - Definition of dividend - Issuance of bonus shares - Tax avoidance schemes.	21 November 2011
Standard Chartered Bank (U) Ltd & 6 Ors v The Commissioner General Uganda Revenue Authority (HCT-00-CC-CS 63 of 2011) [2011] UGCommC 320 (21 November 2011) Issuance of bonus shares is a capitalization of reserves, not a dividend, and thus not subject to withholding tax. Tax law – whether bonus/scrip share issues constitute dividends under statutory definition; capitalization of reserves vs distribution of profits; withholding tax liability; tax avoidance challenge to recapitalization via bonus issues.	21 November 2011
Lubuulwa v Standard Chartered Bank (HCT - OO - CC - CS - 355 - 2008) [2011] UGCommC 2006 (8 November 2011) The plaintiff's claim for a promotional prize and restrictive shares dismissed due to unmet targets and unverified conditions. Contract law – promotion and sales targets – specific performance claims – corporate custom in contractual obligations – employment benefits and conditions – due diligence in acceptance of employment terms.	8 November 2011
Raremet Limited v SGS Uganda Limited (HCT 00 - CC - CS -186 - 2009) [2011] UGCommC 2008 (8 November 2011) Court dismisses claim against a certifying company, finding no negligence or contractual obligation to plaintiff. Mining Law – Certification of mineral content – Scope of contractual duties – Third-party contractor liability.	8 November 2011