OSHO CHEMICAL INDUSTRIES LIMITED v AGRICHEM & TOOLS LIMITED & another [2009] KEHC 4028 (KLR)
- Court
- High Court of Kenya
- Case number
- 4028
- Citation
- [2009] KEHC 4028 (KLR)
- Decided
- 30 January 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTrade Mark InfringementPostureAppeal from a previous ruling granting an injunctionCoramLESIIT, J.
Holding
The application for a stay of execution is granted.
Facts
The Plaintiff, OSHO CHEMICAL INDUSTRIES LIMITED, owns a registered Trade Mark for the Product AGROFEED. The 1st Defendant, AGRICHEM & TOOLS LIMITED, has been found to have infringed on the Plaintiff's Trade Mark.
Issues
- Whether the injunction should be stayed pending the appeal
- What conditions should be imposed for the stay of execution
Reasoning
The court found that the 1st Defendant has an arguable appeal with a high probability of success and that the Defendants/Applicants are ready and willing to abide by reasonable terms.
Outcome
The application for a stay of execution is granted.
Orders
- A temporary stay of execution pending the hearing of the appeal
- A stay of execution of the ruling and resultant orders pending the hearing and determination of the appeal
- The cost of the appeal is provided for
Remedies
- A stay of execution of the ruling and resultant orders pending the hearing and determination of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Kimbui & Anor. v Lucy Mburugu, Nairobi CA No. 370 of 2008
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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