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CHRISTOPHER KINYUUTI MAONDU
V.
SHELL & BP (MALINDI) KENYA LIMITED

(2018) JELR 103196 (CA)

Court of Appeal 4 May 2018 Kenya
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Case Details

Suit Number:Civil Appeal 243 of 2010
Judges:William Ouko, Kathurima M'inoti, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Christopher Kinyuuti Maondu v. Shell & Bp (Malindi) Kenya Limited [2018]eKLR

JUDGMENT OF THE COURT

The respondent company was the registered owner of Title Number Machakos Town/Block 909/410, the suit premises, which it used as a service station for the marketing, distribution and sale of petroleum products. On 1st March, 2002, it entered into a dealer license agreement with the appellant to operate the service station for a period of 2 years under the name and style of Masaku East End Service Station.

On 26th May, 2003, while the licence was still operational, the respondent threatened to suspend it claiming that the appellant owed it Kshs. 1,045,725.03. The appellant for his part denied this, arguing that the dealer license was still in force and no notice to terminate it had been served upon him.

Due to threats to terminate the licence, the appellant moved the trial court at Machakos in SPMCC No. 526 of 2003, seeking an injunction to restrain the respondent from harassing him or his agents and from interfering with his operations at the service station until e…

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