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Kenya Breweries Limited & UDV(Kenya) Limited v. Bia Tosha Limited, Cogno Ventures Limited, East African Breweries Limited, Diageo PLC, Kamahuha Limited & Four Winds Trading Company Limited

(2020) JELR 100125 (CA)

Court of Appeal  •  Civil Appeal 163 of 2016  •  10 Jul 2020  •  Kenya

Coram
Martha Karambu Koome, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an interlocutory appeal. The main Petition has not been canvassed and as such, our determination on the core issue in dispute, whether the Judge had jurisdiction to entertain the petition and to issue conservatory orders, will be highly circumscribed. By a Notice of Motion dated 14th June 2016, Bia Tosha Ltd (1st respondent) moved the High Court (Onguto, J.) seeking conservatory orders barring the appellants from interfering with several distributorship areas known as the ‘Bia Tosha Territory’ which the 1st respondent claimed exclusive control and ownership over. The 1st respondent also accused the appellants of unfair trade practices for refusing/neglecting to refund monies paid as distributorship goodwill.

[2] A brief overview to contextualize this appeal is: the appellants and the 1st respondent entered into a commercial relationship in 1997 when the appellants appointed the 1st respondent as a beer distributor within the Kiambu general area. Subsequ…

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