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Republic v. Registrar of Trade Marks & Sony Corporation Ex-Parte Sony Holdings Limited

(2014) JELR 94164 (CA)

Court of Appeal  •  Civil Application Nai 203 of 2012 (UR 147/2013)  •  14 Feb 2014  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

In the application before us brought under sections 3A and 3B of the Appellate Jurisdiction Act Chapter 9 of the Laws of Kenya and Rules 5(2)(b) and 47 of the Rules of this Court, the applicant seeks an order that pending the hearing and determination of the applicant’s appeal (Civil Appeal No. 37 of 2013) from the judgment of the High Court delivered on 20th November 2012 “there be a stay of opposition proceedings pending before the Registrar of Trademarks or any action under the Trademarks Act by the Registrar of Trademarks or by any other person or authority in respect to trademarks numbers TMA No. 65981 and TMA No. 65982”.

In its judgment delivered on 20th November 2012 that is the subject of Civil Appeal No. 37 of 2013, the High Court (Warsame J, as he then was) dismissed the applicant’s application in which the applicant sought reliefs against the 1st respondent, the Registrar of Trademarks (“the Registrar”) including an order of certiorari to quash the decisio…

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