THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISC. APPLICATION NO. 818 OF 2003
(Arising from HCCS No. 842 of 2003)
UGANDA PERFORMING RIGHTS SOCIETY LIMITED::::::::::::::::::::: APPLICANT
VERSUS
FRED MUKUBIRA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
BEFORE: THE HON. MR. GEOFFREY KIRYABWIRE Ag. JUDGE RULING –
This ruling arises from an application by way of Notice of Motion (Exparte) under Sections 33,
38(1) and 39(2) of the Judicature Act (Cap 13); Sections 22 and 98 of the Civil Procedure Act
(Cap 71) and Order 48 rules 1 and 3 of the Civil Procedure Rules (S.I 63 — 3). The Applicant
seeks orders that —
1. That the Respondent does permit the Applicant to enter upon his residence and business
premises or such parts thereof as shall be occupied or used by the Respondent, for the purpose of
(a) Inspecting all assets, tapes, documents, materials or articles relating to infringement of the
Applicant’s Copyright in the musical works of the Assignors; and (b) Removing into custody of
this honourable court all cassette tapes, documents, materials or articles relating to the
unauthorised recording, compilation, distribution and/or sale of the Assignors’ musical works.
2. That a temporary injunction, pending disposal of the main suit, do issue restraining the
Respondent/Defendant and his agents/servants from —
a). Infringing the Applicant’s copyrights in the musical works of 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, herein collectively described
as ―Assignors‖.