compensate for loss caused. They can be awarded in some tort actions: (1) when
expressly authorized by statute; (2) to punish oppressive, arbitrary, or unconstitutional
acts by government servants; (3) when the defendant has deliberately calculated that the
profits to be made out of committing a tort (e.g. by publishing a defamatory book) may
exceed the damages at risk. In such cases, exemplary damages are given to prove that
"tort does not pay". Exemplary damages cannot be given for breach of contract.‖
In this case the defendant deliberately calculated to make profit by committing the tort of passing
off ―Colage Double Action‖ toothbrushes as ―Colgate Double Action Toothbrushes.
According to Halsbury’s Laws of England, 4th Edition Volume 12 (1) Paragraph 811
‗exemplary damages‘ are punitive and not intended to compensate the plaintiff for any loss, but
rather to punish the defendant. In Rooks v Barnard [1964] AC 1129 the House of Lords per
Lord Devlin held that:
"English law recognised the awarding of exemplary damages, that is, damages whose
object was to punish or deter and which were distinct from aggravating damages.‖
The House of Lords decision in Rooks vs. Barnard was cited with approval by the East African
Court in Obongo & Another vs. Municipal Council of Kisumu [1971] EA 91 by Spry and is
good law in Uganda.
Taking into account the attempt to deliberately pass off goods as that of the plaintiff and as held,
I award exemplary damages. The Plaintiff is awarded a sum of Uganda shillings 30,000,000/= as
exemplary damages.
The above sums carry interest at 17% from the date of judgment till payment in full.
Costs follow the event and the Plaintiff is awarded costs of the suit
Judgment delivered in open court on the 10th of February 2017
Christopher Madrama Izama
Judge
Judgment delivered in the presence of:
Lou Jarvis holding brief for Siraje Ali Counsel for the Plaintiff
No person for the Defendant
Charles Okuni: Court Clerk
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~ *&*$$$# xtra+ maximum735securityx 2017 style
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