20100826 TZCA Dar es Salaam1

The appeal was incompetent because the judgment was not delivered by a judge as required by law, and there were no good or exceptional reasons to deprive the successful respondent of costs.

Citation: 20100826 TZCA Dar es Salaam1
Parties: Appellant: Said Salim Bakhresa & Co. Ltd; 1st Respondent: Agro Processing and Allied Products Ltd.; 2nd Respondent: Registrar of Trade and Service Marks
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 26 August 2010
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out with costs
Legal Topics: Trademark, Passing Off, Costs, Appeal Procedure
Source Language: English

Civil Procedure Intellectual Property Trademark Passing Off Costs Appeal Procedure

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Parties

Said Salim Bakhresa & Co. Ltd

Appellant

Agro Processing and Allied Products Ltd.

1st Respondent

Registrar of Trade and Service Marks

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal is competent where the judgment was not delivered by a judge as required by law
2 Whether the respondent is entitled to costs upon successful preliminary objection

Ratio Decidendi

The appeal was incompetent because the judgment was not delivered by a judge as required by law, and there were no good or exceptional reasons to deprive the successful respondent of costs.

Court Disposition

appeal struck out with costs

Orders

The appeal is struck out with costs.