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CAROGA PHARMA (K) LIMITED
V.
SECRETARY PEST CONTROL PRODUCTS BOARD

(2019) JELR 103379 (CA)

Court of Appeal 22 Nov 2019 Kenya
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Case Details

Suit Number:Civil Appeal 207 of 2016
Judges:William Ouko, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Caroga Pharma (K) Limited v. Secretary Pest Control Products Board [2019] eKLR

JUDGMENT OF THE COURT

The appellant, Caroga Pharma (K) Limited in this appeal is aggrieved by the decision of the High Court ( W. Korir, J.) which dismissed its application that had sought, i) an order of mandamus to compel the respondent, the Secretary, Pest Control Products Board to restore its registration Number 0819 (the registration) of a product by the name of Duranet LLIN (Duranet) which registration was issued under the Pest Control Products Act, Cap 346, and ii) a declaration to the effect that the transfer of the appellant’s registration was contrary to the Act, the regulations and the guidelines.

The appellant was the local agent for Clarke Mosquito Control Inc, USA, (Clarke Mosquito), the registered owner of Duranet. On 10th August 2006, the appellant applied to the respondent for, and obtained registration of Duranet. On 7th March 2014 it received a notification that an India based company known as Shobikaa Impex Private Limited, the 2nd Interested Party had purchased Dura…

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