RULING OF THE COURT
This is an application, under Rule 5(2)(b) of the Court of Appeal Rules, for stay of execution of the judgment of the superior court (Emukule J) delivered on 13th October, 2004 in High Court Civil Suit No.1182 of 2000 (the suit) pending the intended appeal.
The applicant is Black and Beauty Products Ltd, which was the defendant in the suit.
The respondent is Stripes Industries Limited which is the registered proprietor under the Trade Marks Act (Cap.506) of the trade mark “YASMINA” in Class 26 Part A Schedule III in respect of inter alia hair additions and attachments and hair pieces.
The applicant has been using the word “MINA” and the phrase “NEW MINA” in respect of similar products. The applicant sought but failed to achieve registration of these as its Trade Marks. The respondent as plaintiff in the suit against the applicant prayed in its Plaint for the following relief:-
1. A declaration that the Plaintiff’s Trade Mark 39458 YASMINA in class 26 is valid and has be…