In a battle of beer companies over trade secrets Nile Breweries Limited wants severe punishments for its former employee Johnson Sebuggwawo for leaking its secrets to Uganda Breweries Limited.
According to documents before the Commercial Division of the High Court of Uganda, Sebuggwawo worked for Nile Breweries Limited between 26th March 2012 and 4th April 2023. He held various positions, including a distributor specialist, a draught supervisor, distributor manager and, trade marketing executive.
Upon resignation from Nile Breweries, Sebuggwawo “took up employment in a similar position in Uganda Breweries Limited, the Applicant’s competitor.”
Nile Breweries Limited would later find out that Ssebugwawo had sent company emails to his private email address.
“This prompted suspicion in the Applicant [Nile Breweries Limited] who carried out an investigation and found out that the Respondent [Sebuggwawo] had, between 9th January 2023 and 29th March 2023, sent 125 emails from his work email address to his personal email address, thereby copying / sharing the Applicant’s confidential business information without any authorisation from the Applicant,” reads a court document seen by The Pearl Times.
Nile Breweries would then sue Sebuggwawo for breach of contract. The beer company also went ahead and sought orders for the search of Sebuggwawo’s home in Masoli.
“These actions prompted the Applicant to file Civil Suit No. 0174 of 2023 (“the main suit”) in this Honourable Court against the Respondent for breach of his employment contract and for unauthorised disclosure of the Applicant’s trade secrets,” the court documents further read.
“The main suit is still pending hearing and disposal. In the meantime, the Applicant has filed this application seeking an Anton Pillar Order permitting the search and inspection of the respondent’s residence and the seizure of any and all computers, documents, materials or articles found therein relating to the applicant’s trade secrets or business information.”
In the ruling recently delivered by Justice Patricia Mutesi, court declared that the application for an Anton Pillar Order – seeking permission for the inspection of the defendant or respondent’s premises and civil search for and seizure of relevant materials and documents – “must succeed.”
“An Anton Pillar Order doth issue directing the Respondent to, within 14 [fourteen] days from the date of this order, permit the Applicant, in the company of its advocates ONLY, to: a) enter upon the Respondent’s residence comprised in Kyadondo Block 124 Plot 654 situated at Masoli, Wakiso District, GPS [Global Positioning System) latitude and longitude coordinates 0.4225588, 32.5885247;
(b) to inspect all computers, documents, materials or articles in that residence retating to the alleged infringement of the Applicant’s trade secrets and/or business information; and (c) to seize and remove into the custody of this Honourable Court all computers, documents, matenials or articles authored and relating to the Applicant’s business documents and/or trade secrets which constitute or would constitute evidence in the trial of the main suit.”
Justice Mutesi further guided on the length of the search as well as what would follow after the search.
“The process… shall not be carried out for more than 12 [twelve] hours after the Applicant gains entry into the Respondent’s residence; the Applicant shall transmit any and all seized items to the Registrar of the Court along with a formal return and inventory of the inspection and seizure process within 2 (two) days from the date on which the inspection and seizure process is completed,” the judge declared.
“The Applicant shall within 7 (seven) days from the date of completion of the process in (i) above, file a formal inter-parties application in this Court for the confirmation of the seizure of the items collected during that process. Costs of this application shall abide by the outcome of the main suit.”
The ruling on the main application is expected to send a reminder to employees on trade secrets and confidentiality.
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