Keroche
Breweries has asked the court to dismiss an application by rival East African Breweries that certain paragraphs alleging restrictive trade practices on their part be struck out in an ongoing trademark infringement case.
Keroche through lawyer Maina Karanja told commercial court Judge Fred Ochieng that striking out the contentious paragraphs is an attempt by EABL to avoid answering to the said allegations and basically denying Keroche its day in court.
Keroche said such a move should be exercised sparingly and only in clear circumstances where the pleading does not disclose a reasonable and justifiable action or defense.
It said the contentious paragraphs have raised legitimate fundamental issues in relation to the alleged trademarks infringement EABL accuses Keroche of and as such the Naivasha-based brewer should therefore be allowed to raise those issues instead of muzzling them, which will be the consequence if the court grants the prayers sought.
In the said case, EABL filed an application in court a month ago seeking to have some of the paragraphs in Keroche’s defense and counterclaim struck out, arguing they are scandalous and an abuse of court process. The ‘contentious paragraphs’ claimed that EABL uses regulatory state organs to harass, intimidate and drive out competition under the guise of an intellectual property violation claim.
But EABL through lawyer Anthony Njogu said the paragraphs deviate from the real issue and digress to matters entirely unrelated to the issues at hand.
It also denied having
a hand in "slowly extinguishing Keroche by trade malpractices" and instead challenged Keroche to provide any evidence to show that it is or has been involved in any unfair trade practices.
Keroche yesterday told the Judge that it is in the interest of justice that the application be struck off as EABL has failed to demonstrate that they deserve the orders sought.
The company argued that some of the facts pleaded in the said paragraphs should be allowed to proceed to full trial and be determined by the court.