THE Zambia Medicines Regulatory Authority has asked the Lusaka High Court to throw out the matter in which it has been sued by Honeybee Pharmacy limited for revoking its pharmaceutical license, as the case lacks a reasonable cause of action.
According to an affidavit in support of summons to strike out the writ of summons and statement of claim sworn by Nyambe Lyoko, an acting director medicines control at ZAMRA, the defendant wants the case dismissed for being an abuse of court process.
And in its skeleton arguments, ZAMRA stated that Honeybee Pharmacy Limited commenced the matter after the Medicines Regulatory authority issued a notice of intention to revoke the pharmaceutical licence issued to it as (an entity registered pursuant to the Registration of Business Names Act, 2011) on January 28, 2021.
ZAMRA stated that no reasonable cause of action has been disclosed against it in relation to the reliefs being sought by Honeybee.
“There are no facts disclosed in Honeybee’s statement of claim upon which ZAMRA could be held liable and although the statement of claim raises allegations relating to defamation, there are no facts which have been specifically pleaded to that effect that could establish a cause of action.” ZAMRA said.
It stated that a party which has sued must present a factual situation in their allegation, which they can attach liability to the party sued or establish their right to a judgment in their favor.
“Honeybee Pharmacy Limited has not disclosed a factual situation upon which it can attach liability against ZAMRA, nor do those facts establish a right or entitlement to a judgment in its favour against ZAMRA,” it said.
ZAMRA argued that Honeybee’s statement of claim shows that it is was not party to the contract that Honeybee entered into with the Ministry of Health therefore the claim for an order that the matter be referred to arbitration should not be entertained as it is an abuse of court process.
The Medicines Regulatory Authority said Honeybee has no standing in relation to the pharmaceutical licence as the same was not granted to it.
ZAMRA added that Honeybee’s pleadings cannot be cured by an amendment, and no injustice would be occassioned if the court dismissed the action.