Doshi Steel billionaire Ashok Doshi, whose company was accused of being in possession of fake pens now has a reason to smile after the High Court ordered he be paid Ksh15 million.
In a ruling delivered on Monday, March 15, Justice Patrick Otieno ordered Chris Kirubi-owned Haco Industries and French Manufacturer Société Bic to refund the money it had received from Ashok.
Doshi had paid Haco and Société Bic, the manufacturer of BIC biro point pen, the money to avoid prosecution after he was found in possession of 176 cartons of counterfeit pens disguised as Haco's original products.
However, despite receiving the payment, the two firms went ahead to press criminal charges against Doshi and Doshi Iron Mongers Limited, an undertaking the Judge considered a breach of the agreement.
"Having pressed for the subsequent prosecution in breach of contractual obligations, I find that Haco and Société Bic would be unjustly enriched if allowed to keep the money received for the agreement. I find that justice demands that they effect a refund of the said consideration," Justice Otieno ruled.
According to the evidence produced in court, Doshi and the two firms signed a settlement that would see Haco and the French manufacturer agree to fully discharge Doshi from liability in connection to the sale of the fake pens.
The Judge further ordered Haco and Société to pay the Doshi tycoon Ksh690,800 litigation fees it accrued in defending two criminal cases filed against it.
The said amount will attract an interest of 12 per cent from when the case was filed until the payment is made in full as court rates dictate.
In 1996, Doshi Iron Mongers was found in possession of 633,600 pens enclosed in boxes holding 50 pens each. The boxes were packed 176 cartons containing 72 boxes per carton.
Subsequently, Doshi and its directors were apprehended and charged in court before they were released. The parties entered into the aforementioned agreement which was, however, breached by the two firms.
While testifying in court, Ashok stated that he and his company were taken to court where charges of supplying counterfeit goods were leveled against them, before they were dropped.
