JUDGMENT OF THE COURT
This is an appeal by the unsuccessful plaintiff from the judgment of the superior court (Mbaluto, J.) delivered on 5th July, 2002 in which the learned Judge dismissed the appellant’s suit in that court.
This is a dispute between two firms which are manufacturers and sellers of tobacco products in Kenya and elsewhere in East Africa. By a plaint dated 26th March, 1999 and filed in the superior court on 29th March, 1999, British American Tobacco Kenya Limited (the appellant herein) sued Cut Tobacco Kenya Limited (the respondent herein) as the defendant seeking judgment against the respondent (defendant) as follows:-
“a) An injunction restraining the Defendant whether by itself, its directors, officers, employees, servants or agents or otherwise howsoever from infringing in any way the Plaintiff’s Trade Mark ‘Sportsman’.
b) An injunction restraining the Defendant whether by itself, its directors, officers, employees, servants or agents or otherwise howsoever from passing…