By Bernard James
An appeal by Said Salim Bakhresa & Company, challenging Commercial Court orders to pay Sh730 million to Agro Processing and Allied Products Limited for the unlawful use of “POA” trademark has been thrown out.

Court of Appeal judges - Eusebia Munuo, Sauda Mjasiri and Salum Massati - sided with the respondent in the case, saying the appeal by Bakhresa was incompetent for having a defective judgment and decree.

“Since the appellant has conceded that the appeal is incompetent, the same is struck out with costs,” the judges said in a decision read on Monday.
In December 2008, the High Court (Commercial Division) ordered Bakhresa to pay Agro Processing and Allied Products Limited, a subsidiary of Mohamed Enterprises Tanzania Limited (Metl) Sh730 million after it was satisfied that the former had used the POA trademark on its wheat and maize flour packets.
High Court Judge Bernard Luanda said apart from confusing customers, the use of the disputed trademark by the two companies had  denied customers to get the right product.
Agro Processing and Allied Products Limited and Said Salim Bakhresa & Company Limited mill and pack wheat flour. The companies are owned by Gulam Dewji and Said Salim Bakhresa, respectively.
The POA trademark is a household name for wheat and maize flour, beverages and other household products throughout Tanzania.
Agro Processing brought a suit against its major competitor asking for orders to restrain SSB & Company Limited from using the POA trademark which, it claimed, to have exclusive rights over it.
The company had asked the court to order the withdrawal from the market and destruction of packages trading in the POA trade mark.

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