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16 The doctrine of ratification was considered in Imperial Bank of Canada (supra) (which was quoted with approval in Frederick J.K Zaabwe (supra)). In that case, Lord MAUGHAM at page 374 stated: “The first essential to the doctrine of ratification, with its necessary consequence of relating back, is that the agent shall not be acting for himself, but shall be intending to bind a named or ascertainable principal. If the suggestion of ratification in this case is analysed it comes to this, that the agent having put some of the principal‟s money in his pocket, the latter “ratifies” the act. For the reasons given this is not possible as a legal conception, since the agent did not take, and could not be deemed to have taken, the money for himself as agent for the principal.” Applying the same analogy to this case, it could not be deemed that the donee in this case acting as the donor’s agent registered the trademark in its name as agent of the principal. I have specifically addressed my mind to the effect of that purported authority and I find that it would be illogical that a person would appoint another its agent by a power of attorney for the purpose of transferring its legal rights to that person and more so, ownership of a trademark. If indeed the 3rd defendant in this case had intentions to allow the plaintiff to register its trademark in its name in Uganda, the deed would have taken another form other than a power of attorney. To that end PART III of Cap. 217 under which the suit trademark was registered provided for assignment and transmission of trademarks. It laid down the types of trademarks that are assignable and transmissible, the power of the registered proprietor to assign the same and the procedure for registering the assignments and transmissions. I do not see why the donor did not opt for assignment or transmission and instead went for a power of attorney which as stated above only allows an agent to act on behalf of the principal. In conclusion of this matter, based on the above wealth of authorities and the true construction and effect of the power of attorney, I find that the donee by registering the trademark in its name exceeded the authority granted to it by the power of attorney. The question is therefore whether it 16

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