Civil Case No. 20 of 2021 In the High Court of Kenya at Eldoret - Jeremiah Kigoro Ndungu vs Crown Paints,ACA & Attorney General
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET CIVIL CASE NO. 20 OF 2021
JEREMIAH KIGORO NDUNGU...................................... PLAINTIFF/RESPONDENT
VERSUS
CROWN PAINTS KENYA LTD............................................................................................................ 1ST DEFENDANT
ANTI-COUNTERFEIT AGENCY................................ 2ND DEFENDANT/APPLICANT
THE HON. ATTORNEY GENERAL................................................... 3RD DEFENDANT
RULING
- The Application before Court basically seeks the striking out of this suit on various grounds.
- By the Plaint dated 28/07/2021, the Plaintiff filed this suit on 2/08/202 l through Messrs Mathai Maina & Co. The Plaintiff alleged that on 22/04/2013, the police from Eldoret Police station arrested and detained him following a complaint by the !51 Defendant made to the 2nd Defendant that the Plaintiff was engaged in trade of counterfeit products bearing its brand, Crown, at his Eldoret Hardware along Moi Street, Eldoret town, the Plaintiff was subsequently charged at the Eldoret Chief Magistrates Court vide Criminal Case No. 1831 of 2013 with a total of 12 counts of having in possession counterfeit goods, the trial lasted from 2013 up to 27/07/2020 when the Plaintiff was cleared of all the counts and set at liberty.
- He pleaded further that he was arrested and detained in the cells before being released later on bond, he procured the services of an Advocate to defend him, the charges were preferred by the 2nd and 3rd defendants upon instigation by the 151 Defendant while fully aware that the Plaintiff only dealt with goods procured from reputable manufacturers, his business was disrupted when a total of 138 containers were seized, detained and transported to Nairobi for testing, he lost the value of the containers of paints valued at Kshs 350,000/- plus profits that would have been earned, on various dates he was to attend Court for trial, he was later put on his defence having been found to have a case to answer, on all these occasions, he had to close his shop and drive himself to Court at great cost, the arrest and prosecution were malicious, wrongful, arbitrary and unjustified, as a result he has been exposed to unwarranted scorn, odium, ridicule and contempt and has been injured in his reputation, character and shunned by friends and family members.
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