into Uganda under the guise of re-exporting them into Southern Sudan. A perusal
of the motion shows that the applicants are particularly referring to M/s
Mastermind Tobacco Company Kenya and M/s Mastermind Tobacco Sothern Sudan
(herein after collectively referred to as “Mastermind”). It is also the case of the
applicant that this had lead to a dispute in the Courts of Southern Sudan whereby
the applicant and its sister Company on the 23rd June 2011 obtained an order
stopping Mastermind from using the applicant’s trademark. This court order was
then enforced on the 8th September 2011 by Southern Sudan Customs stopping all
but the applicant from importing Supermatch into Southern Sudan. It is the case of
the applicant that the respondent Authority despite the above has continued to
escort Mastermind’s cigarettes bearing the mark Supermatch to Southern Sudan
with the result that the said cigarettes are then smuggled back into Uganda to the
disadvantage of the applicant.
The respondent Authority in reply denies the allegations and states that it is obliged
under the principle IV of the United Nations Convention on Transit Trade between
land Locked states, Land locked countries to afford by all states, on the basis of
reciprocity, free and unrestricted transit of goods in such a manner that they enjoy
free access to regional and international trade. It further states that by reason of
this dispute of not allowing Masterminds cigarettes to transit through Uganda
there is a threat of retaliation from Kenya. It is also the case for the respondent
that its legal mandate does not extend to solving trade disputes between
companies, except where it is decreed by court that specific decisions be
implemented. The respondent authority also denies the allegation of smuggling of
these cigarettes back into Uganda.