HAMTA & SONS LIMITED (PLAINTIFF/APPLICANT/APPELLANT) vs. AFUA KONADU AND (1ST DEFENDANT/RESPONDENT/RESPONDENT) REGISTER GENERAL’S DEPARTMENT KUMASI (2ND DEFENDANT)

The Plaintiff/Appellant, Hamta & Sons Limited, trades in spices under the unregistered trademark 'MINAZEN'. The 1st Defendant/Respondent, Afua Konadu, trades under the trademark 'REMIE'. The Plaintiff sought declarations and injunctions to protect its use of 'MINAZEN' and to prevent the 1st Defendant and the Register General’s Department from registering or interfering with the mark. The 1st Defendant counterclaimed alleging passing off and ownership of the 'MINAZEN' mark. The High Court granted an interlocutory injunction restraining both parties from using the 'MINAZEN' mark pending final determination, but allowed the Plaintiff to sell existing stock subject to FDA approval. The Plaintiff appealed the refusal to vary the injunction.

WELBOURNE, JA This is an appeal against the decision or ruling of the High Court, Sunyani, dated the 16th day of November, 2018. THE BACKGROUND OF THE CASE: The backgroundof the case is that, on 17th July, 2017, the Plaintiff/Appellant issued a Writ of Summons and Statement of Claim against the 1st Defendant/Respondent and one other person seeking the following reliefs: a) A declaration that the Plaintiff continues to package, market, distribute and sell its “MINAZEN” spices without any interference from the 1st Defendant, her servants, agents, workmen, distributors, sellers, assigns or otherwise howsoever described. b) An injunction to restrain the 1stDefendant whether acting by herself, her servants, agents, workmen or otherwise howsoever described from interfering with Plaintiff’s legitimate business, whether by the use of the word mark “MINAZEN” or the word colourably similar thereto or otherwise howsoever described or enabling, assisting, procuring or authorizin...