Caltex Corporation vs Delo Petroleum Company (Com. Case No. 9 of 1999) [2000] TZHC 50 (24 May 2000)
Judgment
IN THE HIGH COURT bF TANZANIA COMMERCIAL DIVISION. AT DAR ES SALAAM COM. CASE NO. 9 OF 1999 . \ " CALTEX CORPORATION .......... PLAINTIFF 0 • Versus " DELO PETROLEUM COMP ANY .. DEFENDANT • • Counsel: S. H. EL- Maainry Esq. For Plainti_ff Mr. Mselem for the Defendant • JUDGMENT Q BWANA, J. .. .. , . During the final pre-trial conference the Director of the Defendant Company, Joseph 0. Ngiloi, did admit liability to the claims advanced by the plaintiff. He promised to formally inform this court in writing. He has done so, through his letter dated 23 May 2000 and marked "XX1". . ' He did inform this court, then, and he has restated it in XX1, that he was misled by the Registrar of companies that the word "DELO" was not in use by ano_ther company. As it transpired, it was not correct, as DELO is a business name used by the plaintiff. The defendant stated further that since the registration of DELO, he has been carrying out mere research ... he has not done any business and/or .. ,
, .. I \ ; raised any money/profit. I-J.e therefore requested the plaintiff and the court to " . . . '
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drop the other claims for "inquiry as to damages or in the alternative, an
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account of profits" "
. I In his_rp!Y Mr. El Maamry did concede of the facts raised by the defendant but insisted on thi; court awarding him costs. ..;; :~ .,, .. ' .. ,. , ' . ,. Having examined this admission by the defendant pursuant to Order • .... 1' t XII Rs. 1-4 of the CPC, I enter judgment in favour of the plaintiff in the ' . . . following terms namely - t ... I. The defendant stop using the name DELO from his business concerns. He is therefore restrained (whether himself or througb. his servants, agent or othrwise) from infringing the registered trade mark No.3629, registered in favour of the plaintiff. . '
- No order is made concerning "inquiry as to damages or, alternatively, for an account of profits".
- Each party to bear its own costs of this suit.' Sgd: Dv I J 24/5/2000 2 "