IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CIVIL DIVISION (APPELLATE SIDE)
CORAM: D. S. MAJANJA J.
CIVIL APPEAL NO. 215 OF 2018
BETWEEN
ANTI COUNTERFEIT AGENCY .…………………………………..……………….. APPELLANT
AND
ESTHER MAWIA MWANIA T/A
TONERMART TECHNOLOGIES ………….……..………………………... 1ST RESPONDENT
WALL STREET BUSINESS PARE LIMITED ……………………………. 2ND RESPONDENT

(Being an appeal from the Judgment and Decree of Hon. P.N. Gesora, SPM dated 4th April 2018 at the Commercial Magistrates’ Court, Milimani, in Civil Case No. 6431 of 2013)

JUDGMENT

Introduction and Background

1. On 14.10.2013, the 1st Respondent filed suit in the Subordinate Court stating that on 24.10.2012 and 26.10.2012, the Appellant’s agents confiscated her goods namely; 661 pieces of HP Toners and 260 HP Ink Cartridges all valued at Kshs. 6,449,200.00 and a full inventory of the same done. That on 02.05.2013, the Appellant’s agents, released only 196 toners to the 1st Respondent leaving a balance of 465 pieces whose value together with 260 pieces of the Ink cartridges was Kshs. 4,761,600.00 which the 1st Respondent claimed from the Appellant. The 1st Respondent further claimed that she has never been charged with any offence under the Anti-Counterfeit Act, 2008 in relation to or in connection with the seized goods.

 Download Judgement in PDF (883KB)