Zara Properties Limited (CPR/2010/24490) v Zara Properties Limited (CPR/2010/24490) & another [2017] KECA 160 (KLR)
- Court
- Court of Appeal
- Case number
- 160
- Citation
- [2017] KECA 160 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramFarwell, Ouko, Tuiyot
Holding
The Court declared that the applicant's name was undesirable and ordered the Registrar to issue a notice to change the name within 14 days. If not complied with, the applicant would be restrained from using the name Zara Properties Limited.
Facts
Two companies, Zara Properties Limited (C.106174) and Zara Properties Limited (CPR/2010/24490), have identical names. The applicant seeks to change its name due to the potential for confusion.
Issues
- Who is the proper and legal registered entity?
- Who would bear the cost of the suit?
Reasoning
The Court found that the applicant's name was undesirable due to the potential for confusion and that the 1st respondent's certificate of change of name was earlier in time.
Outcome
The application for stay of execution pending appeal was granted.
Orders
- Declare the applicant's name undesirable
- Direct the Registrar to issue a notice to change the name within 14 days
- Warn the applicant of a potential permanent injunction if the name is not changed
Authorities cited
Legislation (2)
- Companies Act
- Court's Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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