JUDICIARY Latest Features

The Commercial Court in Kampala on Monday 23^rd September,\r\n 2013 heard a case, between two rival agricultural inputs firms Balton \r\nUganda Limited and Bolton International Limited. Balton claimed that \r\nBolton duped the public into believing that they are part of Balton, \r\nwhich it contends has injured their business.

In the recent past, the parties\r\nto the case appeared before the court registrar His Worship Thaddeus Opesen. Court\r\nwas expected to proceed to hear an application to temporarily stop Bolton from\r\nallegedly posturing as Balton, pending the hearing of the main suit. Balton\r\nwants court to compel Bolton to deliver for destruction all the offending\r\nmaterials and documents in their possession. Balton claims  Bolton is\r\ndealing in the same product as theirs, is running  several adverts, media\r\npublications, and using a name and get up of similar symbols  and colors. Passing\r\noff in common law refers to an impression created by a person that his goods or\r\nservices are those of someone else in way likely to cause damage to the other\r\nparty.

Balton asserts that Bolton’s\r\nuse of the phrase "it is Bolton” and "Same People-New Direction” was intended\r\nto mislead and deceive the general public. Bolton is accused of seeking\r\nbusiness from Balton’s clientele, and that they have created an impression that\r\nthe companies are associated.

The case arose on August 28, 2013\r\nwhen Balton Uganda and its parent UK based company Balton CP Limited, jointly\r\nsued Bolton and its chairman Mr. Zeev Shiff. Mr. Shiff served as Balton general\r\nmanager from December 1998 to July 2013.Balton contends that was bound by a\r\ncontractual and legal duty of confidentiality which he later purportedly\r\nbreached.