CMC HOLDINGS LIMITED & CMC MOTORS GROUP LIMITED V. JAGUAR LAND ROVER EXPORTS LIMITED

RULING OF THE COURT

CMC Holdings Limited and CMC Motors Group Limited (applicants) have moved this Court by way of the Notice of Motion dated 21^st March, 2013 primarily seeking an order of injunction restraining the respondent, Jaguar Land Rover Exports Limited, either by itself, assigns, representatives or otherwise howsoever from interfering with the exclusive distributorship agreement between the parties either in terms of the letter dated 26^th November, 2012 or in any way further publishing or acting in furtherance of the notices dated 3^rd August, 2012 which purported to terminate the Overseas Distributor Agreement (ODA) dated 12^th December, 1985 and Importer Agreement dated 1^st February, 2009 pending the hearing and determination of an intended appeal against the whole of the ruling and order made by Hon. Lady Justice Kamau on 19^th March, 2013. They also seek costs of the application.

The Notice of Motion is premised on the various grounds on its face and supported by the fifty thr…