Thermos Hong Kong Limited v Doshi Ironmongers Limited (Civil Appeal (Application) E013 of 2021) [2022] KECA 544 (KLR) (10 June 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 544
- Citation
- [2022] KECA 544 (KLR)
- Decided
- 10 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out the appealCoramS. GATEMBU KAIRU, A. MBOGHOLI MSAGHA, P. NYAMWEYA
Holding
The application is dismissed with costs, and the appeal shall be heard and determined on merit.
Facts
Thermos Hong Kong Limited appealed against the judgment of the Assistant Registrar of Trade Marks, which was upheld by the High Court. The respondent sought to strike out the appeal or expunge certain documents from the record.
Issues
- Whether the appellant has the right of appeal to the Court of Appeal
- Whether the prayers in the Memorandum of Appeal are available in law
Reasoning
The Court of Appeal dismissed the application, stating that the appellant's right of appeal is properly founded upon an express statutory provision in the Civil Procedure Act, and not under Article 164(3) or the Trade Marks Act.
Outcome
Appeal dismissed with costs
Orders
- Application to strike out the appeal is dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Trade Marks Act
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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