SIMBA CORPORATION LIMITED V. CAETANO FORMULA EAST AFRICA, SA

RULING OF THE COURT

In an application brought pursuant to Rule 5(2)(b) of this Court’s Rules, the applicant has prayed for the following 6 orders:

“1. THAT the matter be certified as extremely urgent...

2. THAT pending the hearing and determination of this application, an injunction do issue restraining the respondent, whether by itself, its servants, its agents, or otherwise howsoever from declining to act on orders for Renault Motor Vehicle, spare parts and accessories from the applicant and to continue meeting their obligations pursuant to the Shareholders Agreement, the mutual terms of Distribution and other obligations in relation to their existing partnership.

3. THAT pending the hearing and determination of the intended Appeal, an injunction do issue restraining the Respondent whether by itself, its servants, its agents, or otherwise howsoever from declining to act on orders for Renault Motor Vehicle, spare parts and accessories from the Applicant and to continue meeting their obli…