BIA TOSHA DISTRIBUTORS LIMITED V. KENYA BREWERIES LIMITED, UDV (KENYA) LIMITED, COGNO VENTURES LIMITED, EAST AFRICAN BREWERIES LIMITED, DIAGEO PLC, KAMAHUHA LIMITED & FOUR WINDS TRADING COMPANY LIMITED

RULING

A. BACKGROUND

High Court.

[1] The Applicant and Respondents are limited liability companies incorporated under the provisions of the Companies Act. The Applicant has been a supplier of the 1^st and 2^nd Respondents’ liquor products in various parts of Kenya through a strict distribution agreement. The Respondents re-possessed some of the areas without refunding the good will paid by the Applicant prompting them to file High Court Petition No 249 of 2016.

[2] The High Court Petition was filed on the 14^th of June 2016, alongside an application for conservatory orders. The application was determined on 29^th June 2016, by considering two core issues namely, whether the Court had jurisdiction to entertain the Petition and whether the Petitioner was entitled to conservatory orders.

[3] Onguto J determined that the High Court had jurisdiction to entertain the matter. The trial Court found that since the dispute was laid out as a constitutional issue, it was properly before the Court.

[4] Obs…