JUDGMENT OF THE COURT
1. The appellant carries on the business of distillery of spirits and glass plant in Kenya. It claims it has been doing so since 1986. One of it’s competitor’s in that business is Kenya Wines Agency Limited (the Company) and at the material time both of them were subject to the provisions of the repealed Restrictive Trade Practice Monopolies and Price Control Act No. 14 of 1988 [Cap. 504 of the Laws of Kenya] (the Act).
2. On or about 30th July 1990, the then Vice-President and Minister for Finance (the Finance Minister) purporting to act under Section 5(b) of the Act, exempted the Company from the provisions of the Act. The appellant claims that that gave the Company monopoly for the wines business with the result that the appellant could not market its products without express authority from the Company. According to the appellant, that restriction caused it to suffer massive financial losses.
3. On 15th August 1991, the appellant filed Nairobi HCCC No. 4267 of 19…