SAMAKI INDUSTRIES (NAIROBI) LIMITED V. SAMAKI INDUSTRIES(KENYA) LIMITED

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Case 235 of 1996

SAMAKI INDUSTRIES (NAIROBI) LIMITED.........................................................APPELLANT

AND

SAMAKI INDUSTRIES(KENYA) LIMITED........................................................RESPONDENT

IN

H.C.C.C. NO. 482 OF 1990)

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JUDGMENT OF GICHERU, J.A.

The respondent, a limited liability company incorporated in Kenya with its registered office at Mombasa and whose business is marketing of both marine and lake fish products all over Kenya besides exportation of the same claimed in a plaint dated and filed in the superior court on 26^th July, 1990 to be the registered proprietor of the Trade Mark Number 18027 in class 29 (Schedule 111) registered under the Trade Marks Act, chapter 506 of the Laws of Kenya, hereinafter called the Act, for a period of 14 years with effect from 26^th October, 1977. That trade mark in the label of a fish under which is inscribed in bold capital letters …