THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA COMMERCIAL DIVISION HCT – 00 – CC- CS - 395 - 2009 BYTE LEGION TECHNOLOGIES ………………………………..……PLAINTIFF VERSUS MTN (UGANDA) LTD. ……………………………………………… DEFENDANT BEFORE: THE HON. JUSTICE GEOFFREY KIRYABWIRE Judgment The plaintiff company a software developer sued defendant Telecommunications Company for breach of confidence and unjust enrichment regarding a proposed SMS based brokerage service. The case for the plaintiff is that in July 2007, the Plaintiff’s Managing Director, Mr. Collins Musinguzi, approached employees in the Marketing Department of the Defendant Company with a proposal for the development of an SMS brokerage content provision system. Over the next few months, the Plaintiff and Defendant corresponded regarding the possibility of working together to develop the SMS brokerage content provision system. The defendant assured the plaintiff that they were willing to do business with him and correspondence between the parties began. The plaintiff then at the request of the defendant spent Shs 2,000,000/= for the installation of a leased line and SMPTP Port to further their relationship. In September 2008 the plaintiff awaited a formal agreement with the defendant and was assured that all he had to do was wait and be patient. However in 2009 the defendant launched another but similar product called Google SMS Trader a product said to have technical specifications as the plaintiff’s proposed SMS based brokerage content provision system. It is the case for the plaintiff that the defendant used confidential information of the plaintiff relating to this product and went on to launch Google SMS Trader with the same information without informing the plaintiff of its intentions to do so. The case for the defendant is that they had no formal contract with the plaintiff regarding the proposal for the development of an SMS based brokerage content provision system. Furthermore the defendant did not authorise its employees or officials to deal with