[2000] KEHC 576 (KLR)
The court found that the plaintiff had established, through uncontroverted evidence, that each defendant had infringed its registered trademark. The defendants, having failed to appear or defend the suits despite substituted service, were deemed to have admitted the claims. The court accepted the plaintiff's...
Source-derived case information.
- Citation
- [2000] KEHC 576 (KLR)
- Parties
- Plaintiff: Kenya Tea Packers Ltd.; Defendant: Juanina Wambui t/a Okay Tea Packers; Defendant: Limland Tea Packers; Defendant: Peter Njuguna Thuku t/a Kazabet Tea Packers; Defendant: Furaha Tea Packers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1667 of 1999
- Procedural Posture
- Civil Case / Judgment After Formal Proof
- Outcome
- Judgment for the plaintiff against each defendant as prayed in each plaint.
- Judges
- T Mbaluto
- Legal Topics
- Trademark Infringement, Damages Assessment, Default Judgment, Substituted Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Tea Packers Ltd.
Plaintiff
Juanina Wambui t/a Okay Tea Packers
Defendant
Limland Tea Packers
Defendant
Peter Njuguna Thuku t/a Kazabet Tea Packers
Defendant
Furaha Tea Packers
Defendant
Procedural Posture
Civil Case / Judgment After Formal Proof
Legal Issues
- 1 Whether the defendants infringed the plaintiff's trademark.
- 2 Whether the plaintiff is entitled to damages for trademark infringement.
- 3 Whether judgment should be entered in default of appearance and defence.
Ratio Decidendi
The court found that the plaintiff had established, through uncontroverted evidence, that each defendant had infringed its registered trademark. The defendants, having failed to appear or defend the suits despite substituted service, were deemed to have admitted the claims. The court accepted the plaintiff's assessment of damages, supported by expert testimony, and awarded KES 5 million against each defendant. Judgment was entered in favour of the plaintiff for damages, costs, and interest at court rates.
Court Disposition
Judgment for the plaintiff against each defendant as prayed in each plaint.
Orders
- Each defendant to pay the plaintiff KES 5,000,000 in damages.
- Each defendant to pay costs of the suit to the plaintiff.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIV CASE 1667 OF 1999
KENYA TEA PACKERS LTD. ……………………….…… PLAINTIFF
VERSUS
JUANINA WAMBUI T/A OKAY TEA PACKERS ……. DEFENDANT
CONSOLIDATED WITH
CIVIL CASE NO. 1668 OF 1999
KENYA TEA PACKERS LTD. ……………………………. PLAINTIFF
VERSUS
LIMLAND TEA PACKERS …………………………...… DEFENDANT
CONSOLIDATED WITH
CIVIL CASE NO. 1669 OF 1999
KENYA TEA PACKERS LTD. ……………………………. PLAINTIFF
VERSUS
PETER NJUGUNA THUKU T/A KAZABET TEA PACKERS ….… DEFENDANT
CONSOLIDATED WITH
CIVIL CASE NO. 1670 OF 1999
KENYA TEA PACKERS LTD. ………………………….. PLAINTIFF
VERSUS
FURAHA TEA PACKERS …………………………….. DEFENDANT
JUDGMENT
All these 4 cases, which have been consolidated arise from the alleged infringement by the defendants of the plaintiff’s copyright. After the plaint in each case had been filed, none of the defendants could be traced despite diligent investigations by the plaintiff. Upon application by the plaintiff in that behalf, it was ordered that service of summons be effected by substituted service. Again despite that having been done in respect of each suit, none of the defendants entered appearance or filed a defence and as a consequence thereof, interlocutory judgments were entered against each of the defendants upon which the suits were set down for formal proof.
The suits came up for formal proof on 21. 9.2000 at which the plaintiff called three witnesses namely Mr. William Busienei Arap Chuma who is the Chief Accountant and the Ag. Corporation Secretary of the plaintiff, Mr. Joseph Irungu Kimani, a partner in the firm of Wachira Irungu and Associates who are Certified Public Accountants and the auditors of the plaintiff since 1990 and lastly Mr. Tom Tisa Kulo, the media manager of a firm known as Nuturn Marketing which, as the name indicates, deals in marketing.
On the basis of the combined evidence of these 3 witnesses, I am satisfied that each of the 4 defendants has infringed the plaintiff’s trade mark and is therefore liable to the plaintiff in damages which I assess at Shs.5 million against each defendant. Accordingly, I enter judgment in favour of the plaintiff against each defendant as prayed in each of the plaints. In addition, each of the defendants will pay to the plaintiff damages as assessed above together with costs and interest on both the damages as well as costs at court rates.
Dated at Nairobi this 2nd day of October, 2000.
T. MBALUTO
JUDGE