Nairobi court consolidates pharmaceutical cases to allow speedy conclusion

NAIROBI: The High Court has consolidated three cases that pitted a local distributor against an Indian company.

Justice Francis Gikonyo allowed the three cases, two filed before him by Lords Healthcare and one filed before the Constitutional Court against Cipla Limited, to be joined and heard as a single case.

At the same time, the judge directed that all parties, including the Pharmacy and Poisons Board (PPB) should appear before him tomorrow for directions on the case. This follows last week’s ruling by Justice Isaac Lenaola of the Constitutional Court, in which he ordered a case filed last year by Lords Healthcare seeking interpretation of the Constitution with regard to the trademark tussle, be referred to the Commercial Court since it raises issues similar to those in the application before the Commercial Court.

The lawyers for both Cipla and Lords Healthcare did not oppose the court decision to merge the cases. Cipla Limited, through lawyer Evans Monari, told Justice Gikonyo they had no objection to the consolidation since they believe that the Commercial Court can objectively interpret the constitution.

In the case, lawyer Sammy Muturi appearing for Lords Healthcare urged the court to review earlier orders allowing Cipla to continue using its trademark claiming the orders infringed on his client’s rights.

“The defendant (Cipla) has been enjoined in the orders from last December that infringe on the rights of the plaintiff applicant to enjoy the trademark rights,” submitted Mr Muturi.

In his response, Mr Monari for Cipla, said the court ought to hear the case in its entirety so as to allow all parties to enjoy their trademark rights. “The orders can only be varied after a substantive hearing,” he told the court.

Monari also brought to the attention of the court a ruling by Justice Lenaola in which the judge gave the Pharmacy and Poisons Board 30 days to resolve pending issues in the case to allow for a speedy conclusion.

Lords Healthcare had on June 23, sought an injunction to bar Cipla from using the trademark. The court ruled that products covered by Cipla’s Class 5 trademark be excluded from temporary orders obtained by Lords on July 23.