JUDGMENT OF GICHERU, J.A.
The respondent, a limited liability company incorporated in Kenya with its registered office at Mombasa and whose business is marketing of both marine and lake fish products all over Kenya besides exportation of the same claimed in a plaint dated and filed in the superior court on 26th July, 1990 to be the registered proprietor of the Trade Mark Number 18027 in class 29 (Schedule 111) registered under the Trade Marks Act, chapter 506 of the Laws of Kenya, hereinafter called the Act, for a period of 14 years with effect from 26th October, 1977. That trade mark in the label of a fish under which is inscribed in bold capital letters the word “INDUSTRIES” appeared on all the respondent’s letterheads, stationery, freight cases, bicycles, et al. Since the registration of the said trade mark, the appellant, also a limited liability company incorporated in Kenya with its registered office at Nairobi and carrying on similar business as that carried on by the respondent…