Bata Brands SA & another v Umoja Rubber Products [2019] KECA 975 (KLR)

Facts

Bata Brands SA and Bata Shoe Company (Kenya) Limited filed an application for an injunction pending appeal against the High Court's decision dismissing their application for an injunction. The High Court found that Umoja Rubber Products was passing off its 'Shupavu' branded shoes as those of Bata's 'Toughees' branded shoes.

Issues

1. Whether the application for an injunction pending appeal should be certified as urgent
2. Whether the High Court's decision to dismiss the application for an injunction was justified

Reasoning

The Court found that the High Court upheld the applicant's contention that the respondent was passing off its 'Shupavu' branded shoes as those of the applicant's 'Toughees' branded shoes, but failed to grant a restraining order. The Court was satisfied that sufficient basis was made out to recall and interfere with the order declining to certify the application as urgent.

Outcome

The order declining to certify the application as urgent is set aside and substituted with an order certifying the application as urgent.