Colgate Palmolive Company Vs Hemas (Drugs) Limited and Another – sllr 2005 volume 1 page 309

In the case between Colgate Palmolive Company and Hemas (Drugs) Limited and Another, the court addressed whether judicial discretion was correctly exercised in refusing to postpone the trial owing to the alleged non-availability of a key foreign witness. It was held that the trial judge acted properly within the scope of discretion, maintaining that the application for postponement was inadequately substantiated and made belatedly. The established principle reaffirmed was that appellate courts should not interfere with the discretionary decisions of lower courts absent evidence of error in fact or law. Reliance was placed on statutory requirements under the Code of Intellectual Property Act and the High Court of the Provinces (Special Provisions) Act, with emphasis on the necessity for tim