TRUSTEES OF THE MUKONO FAMILY TRUST (2) MUKONOTRONICS (PRIVATE) LIMITED v KARPEG INVESTMENTS (PRIVATE) LIMITED T/A KADIR & SONS

Key Issues

• {"issue_text":"Whether the appeal is academic or moot due to the expiry of the certificate of registration of the design.","issue_type":"procedural","dispositive":"no","related_facts":"Expiry of certificate on 31 July 2018; hearing of appeal occurred after expiry."}
• {"issue_text":"Whether the court a quo erred in traversing an issue that was res judicata (determined by Muremba J).","issue_type":"procedural","dispositive":"no","related_facts":"Muremba J dismissed an exception and opined on the merits regarding Trust capacity."}
• {"issue_text":"Whether the appellants can raise on appeal an issue (who applied for registration) they did not address in the court a quo.","issue_type":"procedural","dispositive":"yes","related_facts":"The court a quo noted the appellant did not rebut the respondent's submission that the Trust applied, not the Trustees."}
• {"issue_text":"Whether the court a quo erred in awarding costs on a higher scale without reasons.","issue_type":"procedural","dispositive":"yes","related_facts":"The High Court awarded costs on a legal practitioner and client scale without providing reasons."}

Background