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Nyutu Agrovet Limited v. Airtel Networks Limited

(2015) JELR 96696 (CA)

Court of Appeal  •  Civil Appeal (Application) 61 of 2012  •  6 Mar 2015  •  Kenya

Coram
Wanjiru Karanja, John Wycliffe Mwera, Daniel Kiio Musinga, Jamila Mohammed, Kathurima M'inoti

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KARANJA, MWERA, MUSINGA, M’INOTI and J. MOHAMMED, JJA.)

CIVIL APPEAL (APPLICATION) NO.61 OF 2012

BETWEEN

NYUTU AGROVET LIMITED.......................................................APPLICANT

AND

AIRTEL NETWORKS LIMITED............................................. RESPONDENT

(Being an application to strike out the Record of Appeal in the Court of Appeal of Kenya at Nairobi

in

Civil Appeal No.61 of 2012)

****************

RULING OF MWERA, J.A.

The facts leading to the present appeal can hardly be described as complicated. By an Agreement dated 20th December, 2007 the predecessor of the respondent company, Airtel Networks Kenya Ltd, hereinafter Airtel, then called Celtel, and at some stage Zain, entered into a distribution or sales agreement with the appellant, Nyutu Agrovet Ltd, hereinafter referred to as Nyutu, to distribute the former’s telephony products – airtime and scratch cards in an area called Donholm Estate, Nairobi. The said agreement contained cla…

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