GILGIL DISTRIBUTORS LIMITED,VINCENT KARIUKI MBURU & LEAH WANGUI MBURU V. KENYA BREWERIES LIMITED,UDV (KENYA) LIMITED & BANK OF KENYA LIMITED
(2016) JELR 104324 (CA)
Court of Appeal
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Civil Application Nai 158 of 2015 (UR 128/15)
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4 Mar 2016
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Kenya
Coram
Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Jamila Mohammed
Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p>1. Before us is a notice of motion filed under <em>Rule 5 (2) (b)</em> of the Court of Appeal Rules (the Rules) wherein the applicants’ seek <em>inter alia</em>:-</p><p><em>(i) A temporary injunction restraining the 3</em><em><sup>rd</sup></em><em> respondent by itself, agents, servants, employees or otherwise howsoever from advertising for sale, selling, alienating or in any other manner interfering with all properties known as Nyandarua/ Gilgil West/394, 395 and 396, Nyahururu Municipality Blocks 6/344, 5/345 and 4/7 (suit properties) pending the hearing and determination of the intended appeal. </em></p><p>2. The gravamen of the application is that the 1<sup>st</sup> applicant has been carrying out the business of distributing the 1<sup>st</sup> and 2<sup>nd</sup> respondents’ brands of alcoholic and non-alcoholic beverages within designated areas since the year 1986. The said relationship was governed by distribution agreements extended from time to time. Pursuant to distribution agreements dated 1<sup>st</sup> October, 2009 the 1<sup>st</sup> applicant obtained a bank guarantee dated…</p>