b). Recording, compiling and selling or helping others to record, compile and sell copies of the
Assignors’ musical works, the copyrights of which are owned by the Applicant.
c). Disposing of or destroying documents, materials or articles relating to the infringement of the
Applicant’s copyrights in the musical works of the Assignors.
3. Costs of this application be provided for.
The background to the application can also be obtained from the Notice of Motion. The
Applicant is the sole assignee of the copyrights in the Musical works of the Afrigo Band, Joseph
Mayanja a.k.a. Jose Chameleon, Fred Sebatta, Geoffrey Lutaaya, Ssozi John a.k.a. Emperor
Orlando, David Semanda, Ssematimba, and Rachel Magoola among others. As a result of the
said assignment the Applicant is said to have assumed the executive rights to control the
distribution of the music rights, public performance for payment and broadcasting of the whole
or part of the works. Pursuant to the rights outlined above the Applicant has filed H.C.C.S No.
842 of 2003 against the Respondent seeking a permanent injunction and damages for copyright
infringement and conversion. It is alleged that the copyright infringement takes place at the
Respondent’s residence at Kafeero zone, Mulago, Kampala or his shop known as ―FM STUDIO‖
at the Old Taxi Park in Kampala.
Mr. Andrew Kasirye learned counsel for the Applicant who argued the application said that it
was an ex-parte application for a temporary injunction coupled with what he termed as Anton
Piller Order which is a form of search and cease order. The said application was modeled along
the lines of the English Court of Appeal- Anton Piller KG v Manufacturing Processes Ltd
and Others [1976] 1 Ch. 55.
n that case the Defendants, an English company and their two directors, were UK agents of the
Plaintiffs who were German manufacturers of frequency converters for computers. The Plaintiff
claimed that the Defendants were passing over secret communication about their converters to
rival manufacturers in Germany in breach of the Plaintiffs copyright. Thus in order to prevent the
disposal by the Defendants, before discovery in an action, of documents in their possession
relating to the Plaintiff’s machines or designs, the Plaintiffs applied ex-parte for an interim
injunction to restrain the Defendants from infringing their copyrights and disclosing confidential

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