(ii) That the Defendants who until recently were in the employment of the Plaintiffs have since then been passing off their products and services as those of the Plaintiffs under the trade name MAKINI HERBS CLINIC (I) That the Plaintiffs run a natural remedies clinic in the name and style of MAKINI HERBAL CLINIC which clinic carries on continuous mobile clinics throughout the country The main grounds for the application are as follows:. The Plaintiffs further sought the above orders until the hearing and determination of the suit. “MAKINI” in relation to their practice of herbal remedies services until the hearing and determination of this application inter partes. (c) That the Defendants by themselves, their servants, agents or otherwise howsoever be restrained by a temporary injunction from using the name (b) That the Defendants by themselves, their servants, agents or otherwise howsoever be restrained by a temporary injunction from selling or offering for sale their products and services by passing them off as being those of the Plaintiffs’ MAKINI HERBAL CLINIC pending the hearing and determination of this application inter partes (a) That the Defendants by themselves, their servants, agents or otherwise be restrained by a temporary injunction from selling or offering for sale their products and services under the name of MAKINI HERBS CLINIC pending the hearing and determination of this application inter partes It is by the Plaintiffs and it is seeking mainly three orders which are:. The Chamber Summons dated 3rd November, 2004 was brought under Order 39 Rules 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
ISAAK MAGIGE T/A MAKINI HERBS CLINIC.3rd DEFENDANT MUSA AYUB alias MUSA GATI MAGIGE.2ND DEFENDANT Kenya Law makes no warranties as to the comprehensiveness or accuracy of the informationĭINAH BHOKE MAKINI T/A DR. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. The information contained in the above segment is not part of the judicial opinion delivered by the Court. MARY RIZIKI v WILLS WANJALA & 2 OTHERS eKLRĬivil procedure and practice - application for interlocutory injunction - establishing prima facie case with chances of success - res judicata - that a matter is not res judicata when relief sought is different from that of previous suit
High Court at Nairobi (Milimani Law Courts)ĭINAH BHOKE MAKINI T/A DR. MARY RIZIKI v WILLS WANJALA, MUSA AYUB & ISAAK MAGIGE T/A MAKINI HERBS CLINIC
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