JUDGMENT
This is an appeal from the ruling and order of the superior court allowing with costs an application by the respondent, British American Tobacco (K) Limited whereby the superior court (Onyango Otieno, J) restrained the appellant, Cut Tobacco Kenya Limited, from:
“1(a) Infringing a trade mark known as “Sportsman” registered as No. 2012 in class 45 at the Trade Marks Registry.
(b) Manufacturing, importing or exporting, selling offering for sale, distributing, marketing, advertising and promoting cigarettes and tobacco products bearing the trade name ‘Horseman’ or any other name, mark or designation bearing a close resemblance thereto.
(c) Manufacturing, importing or exporting, selling, offering for sale, distributing, marketing cigarettes or tobacco products bearing a similar shape, colour, configuration, overall design and general appearance to the plaintiff’s (respondent’s) goods and especially but not limited to the use of a horse symbol or image whether set against a red backgr…