Prophetic Church Ministries of East Africa (Suing through its registered Chairman) Peter Lemmo Amugune v Africa Kenya Sabcrynnsk of Soi (Being sued through its registered Chairman) Abraham Shikuku & 3 others [2019] KEHC 742 (KLR)
- Court
- High Court of Kenya
- Case number
- 742
- Citation
- [2019] KEHC 742 (KLR)
- Decided
- 21 November 2019
The preliminary objection is devoid of merit and is hereby dismissed with costs to the plaintiff.
Facts
The plaintiff, Prophetic Church Ministries of East Africa, filed a suit against the defendants, Africa Kenya Sabcrynnsk of Soi, Ronald Ambulwa, Jared Amusava, and African Kenya White Star Sabcrynsk of Soi, alleging unfair competition. The defendants filed a preliminary objection claiming the suit was res judicata and lacked jurisdiction.
Issues
- Whether the plaintiff's suit is res judicata.
- If the answer to issue No. 1 is in the negative, whether the court has jurisdiction to entertain the suit.
Reasoning
The court found that the plaintiff's suit was not res judicata as the suit filed in the magistrate's court was not heard on merit but was struck out due to lack of jurisdiction. The court also dismissed the claim that the court lacks jurisdiction to entertain the suit based on the Trade Marks Act.
Outcome
The preliminary objection is dismissed.
Orders
- Preliminary objection dismissed with costs to the plaintiff.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Trade Marks Act
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