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COMMISSIONER GENERAL OF CUSTOMS AND EXCISE
V.
DIVERSEY EAST AFRICA LTD

(1976) JELR 103097 (CA)

Court of Appeal 21 Jan 1976 Kenya
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- The case is a civil appeal between the Commissioner-General of Customs and Excise (applicant) and Diversey East Africa Ltd (respondent) in the Court of Appeal for East Africa at Nairobi. - The dispute revolves around the Excise Tariff Act

Case Details

Suit Number:Civil Appeal 37 of 1975
Judges:Eric John Ewen Law Abdulla Mustafa Samuel William Wako Wambuzi
Location:Nairobi
Other Citations:Commissioner-General of Customs and Excise v. Diversey East Africa Ltd [1976] eKLR

JUDGMENT

The Excise Tariff Act provides for the levying of excise duty on certain goods manufactured in Kenya, including under item 12 of the schedule to the Act “soap, soap powders, soap extracts and substitutes therefore”. The respondent manufactures a substance know as “Mainline”, which is a lubricant from chain and link conveyors in the bottling industry. It is manufactured, bought and sold solely for that purpose. Its ingredients include certain chemicals which are also used in the manufacture of soap.

The Commissioner General of Customs and Excise contends that “Mainline” is a soap, or substitute for soap, and that it is accordingly liable to excise duty under the Act. Harris J in the High Court decided that “Mainline” was not a soap or a substitute for soap within the meaning of the Act, and granted the respondent a declaration to that effect. The Commissioner-General has appealed against that decision.

After careful consideration of the arguments presented to us, we find ourselve…

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