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)
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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…