114 Kabumba/Application of African Union (human rights) law in Uganda Mandela Auto Spares Ltd.165 Counsel for the Appellant cited the ECJ case of Office of Harmonization in the Internal Market (OHIM)166 to support the proposition that in evaluating two contentious trade marks, and the extent to which there may be a likelihood of confusion of the marks, the Registrar had to conduct a comprehensive assessment of such likelihood, taking into account all the relevant aspects including a phonetic and aural comparison. However, again, in his adjudication of the matter, High Court Judge Christopher Madrama did not rely on this decision. Most recently, ECJ case law was referred to in the 2017 matter of Arua Municipal Council v Arua United Transporters SACCO,167 a public procurement dispute before the High Court. In that case, Judge Stephen Mubiru cited the ECJ case of SAG ELV Slovensko a.s and Others v Urad pre verejne obstaravanie168 in support of the proposition that a procuring and disposal entity was entitled to seek correction or amplification of particular details in a tender on an exceptional basis, especially where it was apparent that the tender in question needed ‘mere clarification’ or to ‘correct obvious material errors’, as long as such amendment did not in fact constitute the submission of a fresh tender and was applied across the board to all bidders.169 As the foregoing survey reveals, EU law has been surprisingly wellreceived by Ugandan courts, in the context of both constitutional and human rights litigation on the one hand, and commercial and civil cases on the other. Table 2: Frequency of citation of European Union law by Ugandan courts Institution, case law or instrument EC EU European Convention Number of which cited 1 7 6 European Court jurisprudence ECJ jurisprudence ECC Directives Total references 5 5 1 25 165 166 167 168 169 cases in High Court Civil Appeal 13 of 2015, arising from the decision of the Registrar of Trademarks dated 21st May 2015 in the matter of a trademark opposition lodged by Mandela Auto Spares Parts Ltd To the Registrar of Trademarks Application No. 48062/2013 ‘JAVA HOUSE AND JAVA SUN’ and trademark application No 48063 ‘NAIROBI JAVA HOUSE’ In Class 43 in the name of NAIROBI JAVA HOUSE LTD. Case C – 334/05 – P. High Court Civil Appeal No.25 of 2017, arising from PPDA Appeal Tribunal Application 15 of 2017. Case No. C- 599/10. At 17.

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