'1. On the issue of the non-publication of revocation of the patent by the Industrial Property Tribunal as submitted by Mr. Agwara, I am in agreement with him that it falls under paragraph 13 of the appellant’s grounds of Appeal. The objection raised by Mr. Wesonga that Mr. Agwara should not submit on the issue of non-publication of the revocation of the patent is overruled.
2. On the 2nd issue objected to by Mr. Lawson Ondieki, Mrs Opiyo and Mr. Wesonga about Mr. Agwara submitting on the issue of the judgment having been signed by 3 members of the Tribunal and not 5 members, I sustain the said objection.
3. The appellant should have included that as a ground of appeal in its Memorandum of Appeal or applied to amend its Memorandum of Appeal before directions were given for filing of submissions.
It is so ordered.
DELIVERED DATED and SIGNED at NAIROBI on this 17th day September of 2025. Ruling delivered through Microsoft Teams Online Platform.
NJOKI MWANGI
JUDGE
In the presence of:-
Mr. Agwara with Mr. Ochieng for the appellant
Mrs. Opiyo for the 1st respondent
Mr. Wesonga for the 2nd respondent
Mr. Lawson Ondieki for the 3rd respondent
Ms B. Wokabi - Court Assistant.
'
2. On the 2nd issue objected to by Mr. Lawson Ondieki, Mrs Opiyo and Mr. Wesonga about Mr. Agwara submitting on the issue of the judgment having been signed by 3 members of the Tribunal and not 5 members, I sustain the said objection.
3. The appellant should have included that as a ground of appeal in its Memorandum of Appeal or applied to amend its Memorandum of Appeal before directions were given for filing of submissions.
It is so ordered.
DELIVERED DATED and SIGNED at NAIROBI on this 17th day September of 2025. Ruling delivered through Microsoft Teams Online Platform.
NJOKI MWANGI
JUDGE
In the presence of:-
Mr. Agwara with Mr. Ochieng for the appellant
Mrs. Opiyo for the 1st respondent
Mr. Wesonga for the 2nd respondent
Mr. Lawson Ondieki for the 3rd respondent
Ms B. Wokabi - Court Assistant.
'