kenafric industries ltd vs lakairo industries group co ltd and another 2021 tzhccomd 3310 16 august 2021

kenafric industries ltd vs lakairo industries group co ltd and another 2021 tzhccomd 3310 16 august 2021

Leave to amend the plaint is granted because the amendment is necessary for effective adjudication, does not fundamentally change the cause of action, avoids multiple suits, and does not cause injustice to the respondents. The Registrar of Trademarks and Lameck Okambo Airo are necessary parties for resolving the controversy over trademark ownership.

Citation
kenafric industries ltd vs lakairo industries group co ltd and another 2021 tzhccomd 3310 16 august 2021
Parties
Applicant: Kenafric Industries Limited; 1st Respondent: Lakairo Industries Group Co. Ltd; 2nd Respondent: Lakairo Investment Co. Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 August 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Leave to Amend Plaint
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Trademark Infringement, Joinder of Parties
Source Language
English
Civil Procedure Intellectual Property Amendment of Pleadings Trademark Infringement Joinder of Parties

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Parties

Kenafric Industries Limited

Applicant

Lakairo Industries Group Co. Ltd

1st Respondent

Lakairo Investment Co. Ltd

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Leave to Amend Plaint

Legal Issues

  1. 1 Whether information from defendants' pleadings can be relied upon by plaintiff to seek amendment
  2. 2 Whether amendment can be refused if sought for the second time
  3. 3 Whether the sought amendment would change the original cause of action

Ratio Decidendi

Leave to amend the plaint is granted because the amendment is necessary for effective adjudication, does not fundamentally change the cause of action, avoids multiple suits, and does not cause injustice to the respondents. The Registrar of Trademarks and Lameck Okambo Airo are necessary parties for resolving the controversy over trademark ownership.

Court Disposition

Application granted

Orders

  • Leave granted to amend plaint to join Registrar of Trademarks (BRELA) and Lameck Okambo Airo as necessary parties
  • Amended plaint to be filed within fourteen (14) days from date of ruling