Customer Support

HEINEKEN EAST AFRICA IMPORT COMPANY LIMITED & ANOR.
V.
MAXAM LIMITED

(2024) JELR 112170 (CA)

Court of Appeal 24 May 2024 Kenya
BriefBot icon

BriefBot Summary

Free

- Maxam Ltd was appointed as the exclusive distributor of Heineken products in Kenya under a 2013 Distribution Agreement with Heineken East Africa Import Company Ltd (HEAIC); the agreement included provisions for automatic renewal and termi

Case Details

Suit Number:CIVIL APPEAL NO. E403 OF 2020 as consolidated with CIVIL APPEAL NO. E404 OF 2020
Judges:P. NYAMWEYA, JUDGE OF APPEAL A. ALI-ARONI, JUDGE OF APPEAL J. MATIVO, JUDGE OF APPEAL
Location:Nairobi

JUDGMENT OF THE COURT

1. On 21st May 2013, Heineken East Africa Import Company Limited wrote a letter to Maxam Ltd, appointing it as its exclusive distributor of Heineken products in Kenya with effect from 1st May 2013. The terms of the appointment were contained in an agreement incorporated in the said letter and schedules attached thereto (hereinafter referred to as the” Kenyan Distribution Agreement”). By a letter dated 28th February 2023 Heineken International B.V, acting on behalf of Heineken East Africa Import Company, also appointed Modern Lane Ltd, trading as Maxam Ltd, to be the distributor of Heineken Lager in Uganda as from 1st February 2012, pending the preparation of a formal distribution contract. Similarly, by a letter dated 11th August 2014 Heineken Brouwerijen B.V wrote a letter to Olepasu Tanzania Ltd, confirming that the latter was the current importer of Heineken Lager beer to Tanzania, and that the relationship started in April 2012.

2.  The said business relationsh…

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.