RULING
1. On 4th December, 2019, the High Court at Nairobi (Kasango, J) delivered a ruling in which it vacated orders of injunction that had been granted to the applicant. The High Court instead issued an order of injunction directed at the applicant restraining it from interfering with the respondent’s manufacturing, packaging or distribution of products under the trademark “squishy”.
2. The applicant who claims that the respondent is infringing on its trademark, is aggrieved by the orders made in the High Court. On the 10th December, 2019 the applicant filed a notice of appeal and on the 11th December, 2019, the applicant filed a notice of motion before this Court under Rule 5(2)(b) of the Court Rules, in which it seeks inter alia, interim orders to refrain the respondent from infringing on its trademark, pending the hearing of its intended appeal.
3. On 18th December, 2019 the applicant’s motion came before me for certification, but I declined to certify the motion as urgent. The part…