By GRACE CHAILE-LESOETSA
THE Zambia Medicines Regulatory Authority (ZAMRA) has asked the Lusaka High Court to dismiss the matter in which Honeybee Pharmacy limited is seeking an order to prevent the revocation of its licence.
ZAMRA acting director medicines control, Nyambe Lyoko, stated that Honeybee has not shown reasonable cause of action against it and that the action is an abuse of court process.
“That I therefore humbly apply for an order that the same be struck out and that the action be dismissed forthwith with costs,” Mr Lyoko said.
ZAMRA argued that there were no facts disclosed in Honeybee’s statement of claim upon which it could be held liable, although it raises defamatory allegations.
“My lady, the plaintiff’s statement of claim shows that the defendant (ZAMRA) was not party to the contract that the plaintiff entered into with the Ministry of Health. It follows therefore, that the defendant was not party to the arbitration should not be entertained as it is an abuse of court process,” ZAMRA argued.
It contended that Honeybee has no locus standi in relation to the pharmaceutical licence as the same was not granted.
Therefore, ZAMRA said, Honeybee’s claim for an interim injunction to restrain the authority from revoking the licence should not be entertained.
But Honeybee in its reply, said that ZAMRA’s claim that it does not have a licence is an afterthought and that there was a Novation Agreement between the parties.
The pharmaceutical company stated that ZAMRA was aware of its contract for the supply of 22,500 health centre kits with the Ministry of Health.
Honeybee claimed that ZAMRA was part of the actions preceding the dispute before court.
“That the defendant (ZAMRA) was harmoniously dealing with the plaintiff (Honeybee) as they pre-cleared the drugs of the plaintiff and cannot distance themselves from the dealings now as that is unfair and prejudicial to the plaintiff.
“That there was a novation agreement between the parties which contradicts the statements made by the defendant,” it stated.
