MONTANA (K) LIMITED v ANTHONY MAINA KARA & 2 others [2006] KEHC 941 (KLR)
- Court
- High Court of Kenya
- Case number
- 941
- Citation
- [2006] KEHC 941 (KLR)
- Decided
- 1 November 2006
The court grants the Plaintiff's application for an ANTON PILLER order to preserve material evidence necessary to prove the Plaintiff's case.
Facts
The Plaintiff, Montana (K) Limited, filed an action seeking an injunction to restrain the Defendants from infringing its trade mark No.58820 and passing off Motana not of the Plaintiff. The Plaintiff alleged that the Defendants were selling a liquor known as Motana, which was similar to the Plaintiff's trade name and was being passed off as belonging to the Plaintiff.
Issues
- Whether the Plaintiff has shown a strong prima facie case for the granting of the order.
- Whether the potential damages likely to be suffered by the Plaintiff are very serious.
- Whether there is clear evidence that the Defendants have in their possession incriminating documents and a possibility that they may destroy that material before the application is heard interpartes.
Reasoning
The court finds that the Plaintiff has shown a strong prima facie case and the potential damages are serious. The court grants the order to ensure that material evidence is preserved.
Outcome
The court grants the Plaintiff's application for an ANTON PILLER order.
Orders
- The Plaintiff is permitted to enter the defendants' premises to seize labels, logos, bottles, and contents that have been designed using the Plaintiff's bottles and labels.
- The Plaintiff shall file an affidavit within 7 days after seizing the items, detailing all the Defendant's items taken into custody.
- The Director Stephen Ndirangu Waweru shall give an undertaking not to use the items seized other than in the proper conduct of the action.
- The hearing of the Chamber Summons dated 23rd October, 2006 interpartes shall be fixed at the reading of this ruling.
Remedies
- Preservation of material evidence necessary to prove the Plaintiff's case.
Authorities cited
Legislation (2)
- Trade Marks Act
- Companies Act
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