The Plaintiff had also prayed for general damages. The evidence on record shows that the
consignment was impounded and detained by Uganda Revenue Authority before any of the
goods so imported by the Defendant were put on the Ugandan market. There had not been
any effect on the Plaintiffs goods in the market. The general principal behind on award of
general damages is to try and place an injured party in as good as position in money terms as
he would have been had the wrong complained of not occurred. The Plaintiff has no shown
any damage which had yet arisen as a result of the infringement and/or passing off
complained of.
Similarly there were no profits earned by the Defendant to account for.
Therefore these two prayers fail.
The Plaintiff is awarded costs this suit.
Hon Mr. Justice Lameck N. Mukasa
JUDGE
23/04/2007
11