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Kileleshwa Service Station Ltd v. Kenya Shell Ltd

(2012) JELR 99840 (CA)

Court of Appeal  •  Civil Appeal 205 & 239 of 2008  •  20 Apr 2012  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Kalpana Hasmukhrai Rawal

Judgement

JUDGMENT OF THE COURT

By its plaint dated 15th March 2000 Kileleshwa Service Station, prayed for a prohibitory injunction as well as a mandatory injunction respectively, to restrain Kenya Shell Ltd, the defendant, by itself, or through its employees, servants and whomsoever, from repossessing, tampering with or interfering with its occupation of the Kileleshwa Service Station, and to compel the defendant to continue supplying to it petroleum products as per the agreement between the parties.

As pleaded the Plaintiff’s case was that it had, as at the date of the suit, operated the Service Station for over 30 years without causing any major breach of the contract between it and the defendant. That notwithstanding, the defendant cut off the supply of petroleum products and had threatened to reposess the Petrol Station.

In its statement of defence Kenya Shell Limited averred that the plaintiff was a licensee whose license was terminable by it at short or no notice to it, and it had terminate…

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