Firm loses bid to have Sh13 billion deposited

A company accused of importing counterfeit solar batteries worth Sh31b failed to have Anti-Counterfeit Agency (ACA) deposit security equivalent to the value of impounded goods in the court.

Uwin Investment Africa Company Limited argued that the amount would act as security of any loss or damage of the products pending hearing and determination of the case.

The agency impounded the goods after another firm, Ningbo Zhengzheng Electric Appliance Company, complained that Uwin used its trademark, GDLITE to import 28,260 pieces of un-assembled solar charging and lighting systems worth Sh31b.

"Let ACA make an undertaking to deposit in court money equivalent to the value of goods impounded as a security and damages because in the eventuality the court rules in our favour the issue of damages will arise," said Yanmei Liu the firms’ director in a sworn affidavit.

But the ACA opposed the application, saying the agency does not have such a colossal sum in it budget, adding that the goods were exhibits in a criminal proceeding.

"On the issue of damages I cannot make an undertaking that we can deposit the money but we have indemnity with the complainant," said ACA.

In June 28, ACA impounded 28,260 pieces of un-assembled solar charging and lighting systems branded GDLITE imported by Uwin from China.

 Ningbo Company who are interested party in the suit, want Justice Ogola to order the destruction of all the impounded pieces because it was flooding the market and destroying its brand.

Yesterday, Justice Erick Ogola directed ACA to preserve the impounded goods until a dispute over a GDLITE trade mark between two solar companies is heard and determined.

He directed ACA to ensure the solar system pieces are kept safe and be in a merchantable form to avoid suffering damages.