Anti-Counterfeit Authority (ACA)
Civil Case No. 50 of 2015 (Nakuru) - Hassan Elmi, Stephen Kagunda, Stephen Maina, Stephen Wahindi, Esther Wambugu vs ACA
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL CASE NUMBER 50 OF 2015
1.HASSAN ELMI........................................................................1ST PLAINTIFF
2.STEPHEN NGATIA KAGUNDA..............................................2ND PLAINTIFF
3.STEPHEN MAINA...................................................................3RD PLAINTIFF
4.STEPHEN KARANJA WAHINDI............................................4TH PLAINTIFF
5.ESTHERWAMBUGU...............................................................5TH PLAINTIFF
VERSUS
ANTI-COUNTERFEIT AGENCY.....................................................DEFENDANT
Ruling
1. The Plaintiffs who are the Applicants hereof are businessmen within Nakuru County and the registered owners of motor vehicles Registration Numbers KBK 085V, KAZ 501Z, KAE 564J, KAS 215Y and KBQ 563W.
On the 27th June 2015 the Defendant through its agents confiscated the Applicants motor vehicles above mentioned while on transit together with goods they were carrying being full and empty gas cylinders. The said vehicles and goods are in the custody of the respondent. The Applicants have since been charged in the Chief Magistrate's Court at Nakuru with the offence of being in possession of counterfeit goods.
2. By their application dated 1st July 2015 and brought under the provisions of Order 40 Rules 1, 2 and 4 of the Civil Procedure Rules and Sections 23, 27 and 28 of the Anti-Counterfeit Act, the Applicants seek the following orders:
(1) That this application be certified urgent and be heard exparte
(2) That pending the hearing and determination of this application interparties, this Honourable Court be pleased do issue an order of Mandatory injunction directing the Defendant to release Motor Vehicles Registration Numbers KBK 085V, KAZ 501Z, KAE 564J, KAS 215Y, KBQ 563W, goods and empty Gas Cylinders to the Applicants forthwith and without any condition.
(3) That pending the hearing and determination of this suit this Honourable Court be pleased to issue an Hassan Elmi & 4 others v Anti-Counterfeit Agency [2015] order of temporary injunction restraining the Defendant by himself, his agents, his servants from confiscating and/or in any way from interfering with the Plaintiffs' motor vehicle Registration Numbers
KBK 085V, KAZ 501Z, KAE 564J, KAS 215Y, KBQ 563W, goods full and empty Gas Cylinders.
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