Customer Support

COMMISSIONER OF CUSTOMS & BORDER CONTROL & ANOR
V.
PERNOD RICHARD KENYA LIMITED

(2019) JELR 103117 (CA)

Court of Appeal 10 May 2019 Kenya
BriefBot icon

BriefBot Summary

Free

- The case involves an application for a stay of execution of a ruling and orders issued by the High Court. - The applicants argue that the court's injunction restraining them from imposing value uplifts on the respondent's products is cont

Case Details

Suit Number:Civil Application 357 of 2018
Judges:Roselyn Naliaka Nambuye Agnes Kalekye Murgor Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Commissioner of Customs & Border Control & another v. Pernod Richard Kenya Limited [2019] eKLR

RULING OF THE COURT

This Notice of Motion dated 28th November 2018 is made under sections 3, 3A and 3B of the Appellate Jurisdictions Act and rules 5 (2) (b) and 42 of the Court of Appeal Rules, and has been brought pursuant to a decision of the High Court (Okwany, J.) for orders –

1“....

2. THAT, there be a stay of execution of the Ruling delivered on 21st November 2018 in Nairobi High Court Petition No. 232 of 2018, and orders flowing there from, pending the hearing and determination of this Application.

3. THAT there be a stay of execution of the Ruling delivered on 21st November, 2018 in Nairobi High Court Petition No. 232 of 2018, and orders flowing there from, pending the hearing and determination of the Applicants intended appeal.

4. THAT there be a stay of proceedings in the Superior Court pending the hearing and determination of the Appeal.

5. THAT the costs incidental to this application to abide the results of the said intended Appeal”.

The application was made on the grounds that…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.