THE REPUBLIC OF UGANDA,
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
CIVIL SUIT NO 689 OF 2016
COLGATE PALMOLIVE COMPANY LTD} ................................................PLAINTIFF
VERSUS
SOMBE SUPERMARKET LTD}........................................................... DEFENDANT
BEFORE HON. MR. JUSTICE CHRISTOPHER MADRAMA IZAMA
JUDGMENT
The Plaintiff is described as an American worldwide consumer Products Company engaged in
the production, distribution and provisional counsel, healthcare and personal products with its
head office at 300 Park Avenue New York City, New York, United States of America. On the
other hand the defendant is a private limited liability company incorporated in Uganda trading
under the name and style of Sombe Supermarkets with distribution outlets in Mukono, Mbale
and Lugazi towns in Uganda. The plaintiffs claim is for a permanent injunction to restrain the
defendant whether acting through its directors, officers or summons, engines or otherwise
howsoever from the infringing the plaintiffs registered mark, passing of toothbrushes bearing the
mark "Colage Double Action" or any other colourable imitation as toothbrushes of the plaintiff
which bear the mark Colgate Double Action. It is for an order to deliver up for destruction of
infringing toothbrushes in the possession of the defendant, general damages, punitive damages
and costs of the suit and interest from the date of judgement till payment in full and alternatively
for an account of profits.
According to the affidavit of Kabayiza Brian Richard, an advocate of the High Court of Uganda
and a partner with the Kabayiza Kavuma Mugerwa and Ali advocates, 13th September, 2016
received a copy of summons to file a defence, a copy of the plaint and a copy of an application
for a temporary injunction for service upon the defendant. On 20th September, 2016 he went to
the defendant's premises at Mukono and served a manager of the supermarket Mr Nuhu
Namunyali who received court process according to a copy of the acknowledgement attached to
the affidavit having the stamp of the defendant.
On 19th October, 2016 the registrar of this court entered interlocutory judgment against the
defendant in default of having filed a defence under Order 9 rule 8 of the Civil Procedure Rules
and fixed this suit for formal proof.
Decision of Hon. Mr. Justice Christopher Madrama
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