After a six year legal battle, the Lideta Federal High Court ruled in favor of Intercontinental Hotels Corporation (IHG), ordering JH Simex Plc to cease using the trade name ‘Intercontinental Addis’. The international chain sued both J.H. Simex and Semachew Kebede for using a trade name to attain unlawful enrichment.
The court also ordered the hotel, located in Kazanches, to stop using the name ‘Intercontinental Addis’ in advertisements, other equipment and also forfeit their website.
The court also ordered J.H. Simex Plc to pay 750,000 birr in compensation to Intercontinental Hotels Corporation with a nine percent interest. The court was unable to find legal documents needed to ascertain the hotel’s actual profits from tax offices and auditors since the hotel began operating.
Eyob Hagos, lawyer for Intercontinental Hotels Corporation told Capital that the compensation payment was unfair.
“Since 2006 Intercontinental Addis earned millions of USD in profit by using our trade name. Through simple mathematics one can see that they got a lot of money for their rooms. However, the court gave us a paltry sum of less than one million birr. We asked the court to call the relevant tax office to find out their actual revenue but the court did not want to do that,” he added.
The Court decide that ‘Intercontinental Addis’ and ‘Intercontinental Hotels’ are very similar and confusing to customers likely leading them to think Intercontinental Addis is a chain hotel of Intercontinental Hotels Corporation.
The defendant argued that the trade name for their hotel, registered as Intercontinental Hotels & Resorts, is egg-shaped. Whereas, the local registration is simply listed as Intercontinental Hotel, and uses a rectangular shape.
The defendants stated that they did not violate the plaintiff’s ownership rights because the name was given by the proper authority after ensuring a response from what was at the time called the Ministry of Trade & Industry on August 21, 2006; hence, the trade name was not registered by another venture.
Five years ago, the High Court ruled in favor of the defendants, J.H. Simex, the company which administers the Intercontinental Addis and owner, Simachew Kebede, who was in jail for another corruption charge and later pardoned. It rejected IHG’s argument that they could be represented as a business without a registration and license from the country’s authorized body, and closed the case.
However, in 2016 The Cassation Bench of the Supreme Court reversed the High Court’s decision and allowed Intercontinental Hotels’ lawsuit against local hotel Intercontinental Addis to go forward.
The lawsuit began on March 29, 2013. Intercontinental Hotels Corporation was exclusively registered by the plaintiff at the former Ministry of Trade & Industry on October 2, 2001, and renewed by the Intellectual Property Office (IPO) on October 1, 2013.
Intercontinental Addis ordered to change name
Condo Conundrum
Other condos in holding pattern
The Oromo Democratic Party (ODP) has come out against the latest condo transfer. Last Wednesday the city administration transferred thousands of condos, primarily on the outskirts of Addis Ababa, through a lottery draw carried out at InterContinental Addis Hotel.
ODP said there is not a clear boundary between Addis Ababa and Oromia so transferring the houses at this stage is unjust.
“We are not against the people’s freedom to live where they want but our people should benefit from their own land. Some of the condos are built in the Oromia region so we are working on this issue and at the same time we firmly oppose the transfer until things are solved,’’ said in a statement.
After ODP’s statement there was strong reaction on social media from residents in Addis Ababa. Some posts read that the ODP statement went against people’s freedom to live in their own country.
Others agreed with ODP, saying that building condos without the approval of Oromia state on Oromia land is unacceptable and the condo construction displaced many farmers who were not fairly compensated.
Addis Ababa’s Deputy Mayor, Takele Uma, decided to transfer some condos to farmers and their children whose land was appropriated for development. The mayor also unveiled a plan to tailor housing developments to farming communities.
The decision to offer 50 percent of completed condominiums to farming communities, in exchange for giving up land to development, pushing aside residents of Addis Ababa who have been on a waiting list for well over a decade, has caused frustration among residents.
The current transfer was for people who registered to purchase the government-subsidized condominium houses under a 20/80 plan. This means they had at least contributed 20% of the total cost of the house in a blocked account. People also could qualify under a 40/60 program by saving at least 40% of the total cost. Names were then drawn in a lottery.
In related news, sources at the Addis Ababa Saving House Development Enterprise told Capital that over 2,000 condo houses, of the 40/60 scheme had not been transferred, even though they are almost in equal status with the condos that had already been transferred.
“They could transfer the condos, I don’t know why they are holding them,” a source said.
Capital’s attempt to get answers from the city about the case was not fruitful.
Since the government introduced the national condominium housing program in 2005, the Addis Ababa City Administration has transferred 175,000 condominium houses to residents.
French President to visit Lalibela this week
President Emmanuel Macron of France in his first official trip to Ethiopia on Tuesday March 12, will meet Prime Minister Abiy Ahmed in Lalibela, famous for its rock-hewn monolithic churches, directly flying from Djibouti.
Macron expressed support for PM Abiy’s ambitious reforms and diplomatic peace efforts during the Prime Minister’s Paris visit last October.
Following Macron’s pledge to PM Abiy that his government would help Ethiopia restore the UNESCO registered heritages of Lalibela churches, experts from France have recently visited the site.
According to the information Capital obtained, the president will continue his visit to Addis and meet the nation’s top leaders the same day. On Wednesday March 13 he is said to be meeting with African Union Chairperson Moussa Faki Mahamat before traveling to Kenya to co-chair One Planet Summit with President Uhuru Kenyatta.
Sources said that on March 12 there will be a signing ceremony at the National Palace on several areas of cooperation ranging from heritage protection to military collaboration.
On Wednesday French and Ethiopian private and public sectors are expected to meet in connection with the visit.
Ministers from the French and Ethiopian sides will attend the event, which is scheduled to be held at Hilton Hotel. Sources said that seven accords will be discussed in areas including: defense cooperation, heritage and culture, space science and economy.
The president will be accompanied by his ministers Jean-Yves Le Drian, Minister of Europe and Foreign Affairs, Florence Parly Minister of the Armed Forces and Frédérique Vidal, Minister of Higher Education, Research and Innovation.
The president’s visit includes a 150 member delegation that comprises personalities from the cultural sector and economy among others.
Sources told Capital that companies like CMA CGM one of the world’s logistics giants, Bollore which came to Berbera port of Somaliland a few years ago to manage the port and other top French companies are are in the delegation accompanying Macron.
His visit will be followed by a delegation from Movement of the Enterprises of France (MEDEF), the largest employer federation in France, on March 15. MEDEF.
During his trip to France, PM Abiy had announced that Ethiopia would reestablish its naval force using the experiences of France and Kenya. He also asked Macron to provide support in the conservation of the rock- Hewn churches of Lalibela.
In 2013 former president François Hollande came to Addis Ababa in relation to the 50th anniversary of the African Union. And Nicolas Sarkozy also traveled to Ethiopia in 2011. But Emanuel Macron’s visit is the first official visit by a French President since General Charles de Gaulle state visit in 1966.
France is one of Ethiopia’s major economic partners; A prime destination for Ethiopian exports, while Ethiopia imports industrial products including well known French automobiles. French investors such as BGI, one of the pioneer companies in Ethiopia when the free market was introduced in the mid-1990s, are prominent in the country. Government bodies and agencies like the French Development Agency support Ethiopia in aviation, energy, urban development and industry.
EXCESSIVE URBANIZATION
When it comes to conscious life, balance is critical. Once balance is lost, even in the confined realm of the individual, consequences can be difficult to manage. By the same token, collective imbalanced existence, besides being unsustainable in the long run, can also lead to massive socio-economic dislocation/instability. Large Metropolis/Megapolis that have been growing non-stop are one such nightmarish phenomenon. For example, Cairo has a population of 20 million, all living in an area of only about 20km x 30km. That means it has a population density of 32, 000 people per square km! Lagos, Kinshasa, Dar es Salam, Addis, etc. have all become too big to manage. Industrially advanced cultures have systemically and consciously abandoned the whole notion of extremely congested living. Why are we, the poor, still pursuing such a nonsensical objective?
New York, Chicago, London, Paris, Rome, Tokyo, etc., etc., all have declining population. There is a lesson here, at least to those few who are willing to learn from experience/history. Even though the main problems associated with megapolis are well known to analytical planners, the parasitic elements of society still push this hardly desirable and unsustainable form of extremely congested existence, as if it were the ultimate nirvana. Energy consumption per capita is higher in urban settings compared to rural areas. To bring home the discussion; Addis is now fated with 1) shortage of clean water, 2) shortage of electric power, to say nothing about other forms of energy, 3) waste disposal, 4) transportation, 5) increasing crime rates, etc. Moreover, social volatility, mostly emanating from identity politics is also becoming an issue. To make Addis desirable, its administration must deliver, at the minimum, the usual material stuff, as well as peace and stability. The political capital of Africa should not succumb to the intentions of narrowly focused interests!
It is obvious that housing (affordable), inadequate infrastructure, both physical and institutional, alienation/mental health, substance abuse, etc., are the major challenges facing a fast expanding large city. What we, the currently urbanizing poor have is, a wealth of experience from the old pioneers. If we refuse to learn from those who have been at it for centuries, we are destined to repeat the same old as well as new mistakes. We should also note; unlike before, the world has changed drastically. To begin with, resources are significantly depleted hence, will become increasingly expensive, including the clean air we need to survive! Additionally, population in the very poor countries has not stabilized, yet. In the mean time, climate/environmental changes are impacting us all. For instance, Ethiopia needs to feed from 8 to10 million people on any given year. This means, no matter how good the harvest has been in the last cropping season, we still need to import food/grain for roughly 10 million people. Conflict seeking tendencies that are borne of the dead-end ideology of identity politics, which we have been pursuing willy-nilly for twenty-seven years, (under the various pretexts of devolution, empowerment, etc.) must be carefully reexamined, if this nation is desirous of harmonious collective existence! Don’t forget, parasitic elements in our society, i.e., rent seekers of all kinds; economic (the land allocation/speculation cabals, crooks created out of phony money-bank financing, tenderpreneurship, etc.), political, (Mafiosi gangs within the ruling party) etc., have disproportionately increased in numbers, compared to the hard working and productively employed sheeple (human mass). Consequently, these characters are always angling for easy money and easy way out of situations. Not infrequently, these rent seekers also sway policies, bad policies of course. The current row about land in Addis and environs stems mostly, from rent-seeking activities as well as from the flawed marketization scheme of land itself! Nonetheless, these and other similar issues must not be allowed to undermine the relative cohesiveness that still exists between the diverse people of the nation!
We admit; many stakeholders (many with very narrow interests) continue to perpetuate the unwarranted narrative of the metropolis/megapolis nirvana. The logic behind the so-called better economic opportunities in the cities revolves around the belief that commodified/alienating existence is preferable to the more organically rooted humane living of the countryside. The obvious question then follows; if each and every individual is urbanized, will unemployment go away? There is plenty of fallacy in the urbanization paradigm that needs sorting out. For instance, wage earners spend almost all of their time and incomes just to go through the motion of living, i.e., basic existence. There is also a high degree of correlation between declining fertility rate and size of metropolis. By and large, metropolitans have fewer children than their compatriots living in the countryside/market towns. This holds true everywhere. In Addis, fertility rate is around 1.9 (Ethiopia’s average is around 4.6) almost the same as New York or London! Replacement of current population requires a fertility rate of at least 2.1 (about 3.0 in developing countries)! Without rural migration, cities like Addis cannot replace their population. In a nutshell; many an urban dweller (for many of the above reasons) is increasingly resigning to a childless family life. Then, is the following absurd sounding inference valid; does intense urbanization conspire against the propagation of life itself? Unless urban dwellers take matters into their own hands, outside the traditional arenas, usually dominated by the parasitic oligarchs/politicos, the problematic will only get worse! Time to critically interrogate the overrated glamorized narcissist lifestyle inside the concrete jungle!
Here is an alternative (alter-urbanization) from one of the dwellers inside the Ivory tower. In his latest book, ‘Critique of Urbanization’ the Prof argues: “Those concerned with social justice…can and must push beyond the formal, spatially reductionist vision of the city as bunches of buildings set in floating pods. This would require an ‘open city’ where investments do not succumb to private interests, public institutions protect common resources and city dwellers have secured equal capacities to influence decisions. This open city could only be realized when people possess ‘the right to the city’, a concept referring to a militant, persistent demand for the democratization of control over the collective means of producing urban space.” Neil Brenner (Harvard). Good Day!


