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 14