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Counterfeit Case Laws

Civil Appeal No. 114 of 2019 Consolidated

 

IN THE COURT OF APPEAL 
AT MOMBASA

(CORAM: MURGOR, NYAMWEYA & LESIIT, JJA)
CIVIL APPEAL NO. 114 OF 2019

BETWEEN

EXECUTIVE DIRECTOR,

ANTI-COUNTERFEIT AUTHORITY..... 1ST APPELLANT

AND

UWIN INVESTMENTS AFRICA COMPANY LIMITED..................................................... 1ST RESPONDENT

REGISTRAR OF TRADE MARKS.......... 2NDRESPONDENT

BRIGHT SKY SOLAR SOLUTIONS LIMITED......................................... 3RDRESPONDENT

Consolidated with

MOMBASA CIVIL APPEAL NO 136 OF 2019.

REGISTRAR OF TRADE MARKS............ 2ND APPELLANT

AND

UWIN INVESTMENTS AFRICA COMPANY LIMITED....................................................... 1STRESPONDENT
EXECUTIVE DIRECTOR,

ANTI-COUNTERFEIT AUTHORITY.... 2NDRESPONDENT

BRIGHT SKY SOLAR SOLUTIONS LIMITED......................................... 3RDRESPONDENT

(An Appeal from the Judgment and decree of the High Court at Mombasa

(Ogola, J) dated 10th June 2019
in
Miscellaneous Application No. No. 60 of 2018)

JUDGMENT OF THE COURT

This judgment is concerned with two appeals, that is Mombasa Civil Appeal No.114 of 2019 (the first appeal) and Mombasa Civil Appeal 136 of 2019 (the second appeal) that were consolidated by this Court as they arose out of the same judgment of 10th June, 2019. The appellant in the first appeal is the Anti- Counterfeit Authority and the Registrar of Trade Marks is the appellant in the second appeal. For the purposes of the appeal, we will refer to them as the 1st and 2nd appellants respectively.


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