LUDWIG Sondashi’s former driver has denied ever engaging himself in the manufacturing or selling of the Sondashi Formula.

Henry Banda has told the Lusaka High Court that after leaving employment from Sondashi’s company, he has preoccupied himself with the business of running bars and hiring motor vehicles.

In this matter, Sondashi and Sondashi Formula 2000 Limited have sued Henry Banda of Lilayi in Chilanga, for allegedly producing and selling medicine and therapy under the brand Sondashi Formula using the method and ingredients he learnt while he worked for them.

Sondashi is seeking a declaration that Banda infringed on his duly protected patent and that he has unjustly benefitted from his intellectual property.

He also wants a declaratory order that Banda must account to him all the proceeds from the alleged infringement, as well as, an order of interim injunction restraining the defendant from further infringing upon the patent as protected.

Sondashi stated that Banda who carries on business less than a kilometer from them, is in the habit of advertising and diverting patients and customers to his unlawful operation.

The plaintiffs also lamented that as a result of the infringement, they have been subjected to loss and injury, adding that Banda has acquired immense wealth from the proceeds including various blocks of shops and houses, all which were acquired after he left their employment.

But in his defence filed recently, Banda denied engaging himself in any of the activities alleged by Sondashi, stating that after leaving employment from him, he has been preoccupied with the business of running bars and hiring motor vehicles.

He added that he would put Sondashi and his company to strict proof of their allegations.

Banda also denied all that is contained in the particulars of patent infringement, stating that he has always and at all material times kept confidentiality of the Sondashi Formula 2000 during his employment and after has never engaged himself to activities arbitrary to the same or at all.

“The defendant denies the particulars of breach and shall ever that he has never practiced anything as alleged and has concentrated on his business contrary to the plaintiffs’ and will put them to strict
proof,” he stated.

Banda further stated that the alleged places of business which may be less
than a kilometer carries totally different business such as bars, grocery shop and that he does not personally operate them but they were leased out.

And in his affidavit in opposition to summons for an order of interim injunction, Banda argued that a perusal of the said patent letter showed that the patent expired sometime in August 2020 as it was for a period of 16 years.

“I have never engaged myself in manufacturing of Sondashi formula, selling and or trading in the same. The properties alleged to have been acquired from sale of the said SF 2000 were infact acquired before I started working with the plaintiffs and some were inherited,” he stated.

“The injunction being sought will be inconsequential as I do not manufacture, sell or trade in anyway with SF 2000 and therefore an academic exercise. I have therefore never infringed on the plaintiff’s patent whether valid or expired. Therefore, this application lacks merit and wasting the courts time and should be dismissed with costs.”