KENAFRIC MATCHES LTD. V. MATCH MASTERS LIMITED & ANOR.

RULING

Background

1)Before us is a notice of motion dated 23rd March, 2021 in which Kenafric Matches Limited (the applicant) prays for orders in the main:

a) that pending the hearing and determination of the applicant’s intended appeal, this Court be pleased to grant an order of stay of execution of the impugned ruling and order;

b) that pending the hearing and determination of the applicant’s intended appeal, this Court be pleased to grant an order of stay of proceedings in High Court Commercial Case No. E250 of 2020; and

c) that the costs of this application be provided for.

2)Match Masters Limited & Anti-Counterfeit Agency are the 1st and 2nd respondents respectively.

3)The application is brought under rule 5(2) (b) of the Court of Appeal Rules (this Court’s Rules) and is premised inter alia on the grounds:

a) that the 1st respondent filed suit in High Court Commercial Case No. E250 of 2020 by way of a plaint dated 10th July 2020 seeking, inter alia, to restrain the applicant from selling …