JUDGMENT OF THE COURT
The dispute that was at the High Court of Kenya at Nairobi involved the appellant, Sanitam Services (EA) (Limited) and the two respondents, Rentokil (K) (Limited) (the 1st respondent) and the second respondent, Kentainers (K) (Limited). That dispute escalated to this Court and by an order recorded and made on 28th July, 2006, it was ordered that:
“1. This appeal be and is hereby dismissed SAVE
2. An injunction be and is hereby granted to last the life of the patent with effect from 16th December 1999 in terms of prayer (i), (ii), (iii), (iv) and (v) of the amended plaint set out as hereunder.
(i) Permanent injunction to restrain the defendant from manufacturing and or using the foot operated sanitary bin and or holding out to consumers the use of the bin.
(ii) Trading in Kenya in any manner likely to cause the business of the defendants to be confused with the business of the plaintiffs.
(iii) Trading in any manner which does not sufficiently differentiate or distingui…