to the law in question and exercise its discretion judiciously and more so, when the application is
ex parte.
I am accordingly unable to grant the temporary injunction ex parte on the basis of the application
before me. The Applicant is however free to file a fresh application under a more appropriate
law.
With regard to the Anton Piller Order the authorities reviewed seem to suggest that this order
may be granted following a unique application made ex parte.
Lord Denning MR. in the Anton Piller KG Case (Supra) stated
―... it seems to me that such an order can be made by a Judge ex parte, but it should only be made
where it is essential that the Plaintiff should have inspection so that justice can be done between
the parties; and when, if the Defendants were forewarned, there is a grave danger that vital
evidence will be destroyed, that papers will be burnt or lost, or hidden, or taken beyond the
jurisdiction, and so the ends of justice be defeated and when the inspection would do no real
harm to the Defendant or his case.‖
In arguing his case for the Anton Piller Order, Mr. Kasirye stated that his client’s application
meets the required conditions.
On the condition of the extremely strong prima facie case I was referred to the affidavits of Mr.
James Wasula the General Secretary of the Applicant Company, Mr. Sande Steven Sserumunye
of M/s Kasiwukira Limited who have the right to publish some of the musical works in question
and one Fred Sesanga a former employee of the Respondent/Defendant. I am particularly drawn
to paragraphs 4, 5, 6 and 7 of Mr. Sesanga’s affidavit which states that while he was employed
by the Respondent/Defendant he received instructions to replicate and reproduce musical works
of Fred Sebatta, Madoxx, Afrigo Band, Rachel Magoola, Chance Nalubega, Jose Chameleon and
Emperor Orlando. These musical works recorded from other labels such as Kasiwukira Studios,
Dynamic Stereo Sounds, Lusyn Enterprises and Turbo Sounds Limited, with a view to sale the
reproduced works to the public. This evidence unchallenged I find presents an extremely strong
prima facie case of copyright infringement.