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Kenya Ports Authority v. Modern Holdings [E.A] Limited

(2017) JELR 99978 (CA)

Court of Appeal  •  Civil Appeal 108 of 2016  •  29 Sep 2017  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The post-election violence that convulsed Kenya in 2007/2008 had serious economic ramifications that were felt beyond Kenya, throughout East Africa, particularly in the landlocked countries of the Great Lakes Region that depend for their imports and exports, upon Kenyan infrastructural links from the port at Mombasa. This appeal arises from a decision of the High Court in which the dispute had a direct consequence of on the post-election violence. This is how the dispute arose.

The respondent, a company incorporated and registered in the United Republic of Tanzania at the time material to the dispute, was an importer and sole distributor of Masafi products, which include fruit juices and mineral water in the East Africa Region. The products were imported from a company called Masafi Mineral Water Co. (LLC) in the United Arab Emirates. On this occasion, the respondent imported 21 x 40ft containers of assorted Masafi fruit juices and mineral water which arrived at th…

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