An international condom maker has lost its bid to stop a Kenyan pharmacist from importing or selling their Durex condoms.
The manufacturer had filed the case against Metro through LRC Products Ltd, one of its sister companies registered in England and Wales.
The foreign company says they have exclusive rights to supply the condoms in the market.
In his ruling however, High Court Judge Charles Kariuki has declined to grant orders sought saying that LRC had failed to provide sufficient evidence to warrant the orders to be issued.
“There are no evidence presented by LRC, that it has established a claim befitting a warrant of injunction orders. Therefore, the application seeking injunction orders is dismissed,” said the judge.
However Justice Charles Kariuki in his ruling noted that the Uk based company did not establish a case to warrant the court to issue an order of injunction against the Kenyan Pharmaceutical firm.
“The contentious issues raised herein are the preserve of the trial court, and therefore I would at this Juncture not issue orders as prayed for in the application,” ruled the Judge.
Durex had claimed that Metro Pharmaceuticals had infringed on its exclusive right to import the condoms in Kenya.
The condom maker holds that Metro is illegally supplying Durex condoms in several major towns in the country including Nairobi, Naivasha, Thika, Meru, Nyeri and Nakuru.
In its response, Metro denied infringing on LRC exclusive rights noting that there was no legal restriction imposed upon it from legally reselling LRC products.
Metro said in its response that it reserves the right to buy the condoms from other suppliers around the world and to resell them in the Kenyan market.
Metro held that allowing LRC to exclusively supply Durex condoms in Kenya would lower the product’s stock, which would see its price shoot up.
Metro has accused Durex of selectively disclosing information to the court, as it says the issue was first in dispute in 2013. It says it adequately responded to Durex’s concerns in a letter.
Justice Kariuki lifted orders barring Metro from importing Durex Products.
“There is no strong evidence adduced by the plaintiff that it has established a claim befitting a warrant of injunction orders. I find the application unmeritorious and the same is dismissed with cost to the Defendant,” he ruled.