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CASTROL LIMITED V. KOBIL PETROLEUM LIMITED

(2012) JELR 104438 (CA)

Court of Appeal  •  Civil Appeal 303 of 2001  •  28 Mar 2012  •  Kenya

Coram
Kalpana Hasmukhrai Rawal, Erastus Mwaniki Githinji, Wanjiru Karanja

Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p>This appeal is against an order of the High Court dated 3<sup>rd</sup> May 2001 dismissing an application to set aside interim orders of injunction. The appeal has been pending for a long time.</p><p>On 27<sup>th</sup> March 2012, Miss Malik, learned counsel for the appellant, applied for leave to withdraw the appeal with no orders as to costs on the ground that, the Order of the High Court appealed from has been overtaken by events.</p><p>Mr. Oyatsi, learned counsel for the respondent expressed no objection to the withdrawal of the appeal but prayed that the appellant should pay the costs of the appeal to the respondent.</p><p>This ruling relates to the dispute on costs.</p><p>The respondent has been distributing the appellant’s products in the East African region since 1992 under various Distribution Agreements.</p><p>The latest Distribution Agreement was executed on 13<sup>th</sup> September 1996 and it was to run for five years from 1<sup>st</sup> September 1994 (past). It had an Arbitration Clause – clause 18.2 to the effect that failing …</p>

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