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Fidelis Munyoro Chief Court Reporter

Businessman Mr Simon George Rudland continues to suffer humiliation in the courts after the Constitutional Court rejected his application for leave to appeal against the High Court decision barring his company from packaging and selling cigarettes under the brand name “RG”.This is the third time that Mr Rudland has lost the legal battle to continue distributing the product on the market as “RG”.Cigarettes bearing the name “RG” had flooded the market thereby prejudicing the owners of the renowned “Remington Gold” brand that is also shortened as “RG” on the tobacco market.

Savanna Tobacco is the licensed manufacturer and distributor of Remington Gold cigarettes in Zimbabwe.Constitutional Court judge Justice Vernanda Ziyambi on Monday dismissed Mr Rudland’s urgent application for leave to appeal to the Constitutional Court.

The judge ruled that there were other remedies available to Mr Rudland and his company, Livera Trading (Private Limited), other than the apex court for the relief sought.Mr Rudland had brought the matter to the apex court arguing that the remedy of stay of execution which he sought was not available in the High Court or Supreme Court. However, Justice Ziyambi disagreed..

“In my view, no good reason has been advanced as to why leave to appeal to the Constitutional Court should be granted,” said Justice Ziyambi.

“While the criticism advanced against the propriety of paragraph 2 of the order may contain some merit, there is, available to the applicants, another avenue for the vindication of its rights.”

Last month, Mr Rudland had his appeal to continue packaging and selling cigarettes under the brand name “RG” thrown out after High Court judge Justice Hlekani Mwaeyera upheld its earlier order blocking the distribution of the product on the market.She ruled that the noting of appeal in respect of the order under HC517/ 16 should not suspend the operation of the interim order issued on September 2.

Earlier in the same month, Justice November Mtshiya had granted an application by Tonbridge Assets Limited and Cut Rag Processors, who are the legitimate owners of the trademark.Justice Mtshiya ordered the withdrawal of all such products from the market. The judge also interdicted the respondents from launching the RG brand in Zimbabwe pending finalisation of the dispute.

Livera was also ordered to remove its billboards, posters and other signs bearing the RG logo.On December 12, 2015, Tonbridge bought the Remington Gold brand Cut Rag for $2 million. Tonbridge paid the price in full, a development that gave it full rights to the brand. Cut Rag joined the court proceedings confirming Tonbridge as the legitimate brand owner.

Mr Rudland contends that his company’s use of the letters RG was in order because they were his initials. But the judge did not buy his argument saying the same brand had long been built by another cigarettes firm on the same market.