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EXECUTIVE DIRECTOR, ANTI-COUNTERFEIT AUTHORITY
V.
UWIN INVESTMENTS AFRICA COMPANY LIMITED & 2 ORS

(2022) JELR 113314 (CA)

Court of Appeal 2 Dec 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 114 & 136 OF 2019 (CONSOLIDATED)
Judges:AK MURGOR, JA P NYAMWEYA, JA JW LESSIT, JA
Location:Mombasa

JUDGMENT

  1. This judgment is concerned with two appeals, that is Mombasa Civil Appeal No 114 of 2019 (the first appeal) and Mombasa Civil Appeal 136 of 2019 (the second appeal) that were consolidated by this court as they arose out of the same judgment of June 10, 2019. The appellant in the first appeal is the Anti-Counterfeit Authority and the Registrar of Trade Marks is the appellant in the second appeal. For the purposes of the appeal, we will refer to them as the 1st and 2nd appellants respectively.

  2. In the appeals, the appellants were aggrieved by the decision of the High Court which ordered the writs of certiorari, prohibition and mandamus against them arising from flawed and unlawful decisions concerning the 1st respondent, Uwin Investments Africa Company Limited’s trade mark, that is, TMA No 88989 “GDLITE.”

  3. The genesis of the consolidated appeals is a judicial review application dated September 17, 2018 filed by the 1st respondent, seeking;

    1. An order of certiorari to bring into this ho…

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