whom the is Respondent is the distributor.
4. That in reply to paragraph 3 the 1st Respondent avers that it has never registered
any trade mark known as „NGARISHA‟ in Uganda, but is informed by the 2‟
Respondent which information it verily belle yes that the 2id Respondent is the
registered proprietor of the said trade mark in Uganda.
5. That in reply to paragraph 4 the if” Respondent avers that the steel wool which it is
marketing and selling on behalf of the 2” Respondent is of good quality and is in no
way calculated to cause confusion in the market or passing off.
6. That in further reply to paragraph 4 the 1st Respondent denies having
caused any loss or damage to the Applicant by the sale and marketing of
the said „NGARISHA „steel wool.
7. That the 1st Respondent denies knowledge of the Applicant‟s trade
mark nor any damage or wastage of the same.
„8. That the 1st Respondent denies the contents of paragraph 6 and avers that the
Applicant has no claim against the f Respondent and therefore this application is
misconceived and bad in law.
9. That in reply to paragraph 7 the f Respondent avers that the Applicant is not
entitled to relief by way of a temporary injunction and denied knowledge of any
damage to be suffered by the Applicant.
10. That would be an abuse of the Court process if the temporary injunction is
granted as the Applicant‟s claim against the 1st Respondent is frivolous and vexatious.
11. That the word „NGARISHA‟ was not conceived or coined by the Applicant as
alleged but is a generic Swahili word that means “shining” and the Appilcant cannot
claim exclusive use to the said word.”
The second Respondents Managing Director - Raj Dharani swore an affidavit in reply on
behalf of the 2Iid Respondent on the same date stating as follows:
“3. That the 2nd Respondent denies the contents of paragraph 2 and avers that it is the
manufacturer in Uganda of steel wool under the trade mark „NGARISHA‟
4. That the 1st Respondent is a marketing and sales agent in Uganda for the 2nd
Respondent with respect of to the said steel wool.
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