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HEINEKEN EAST AFRICA IMPORT COMPANY LIMITED
V.
HEINEKEN INTERNATIONAL BV & ANOR

(2024) JELR 112621 (SC)

Supreme Court 18 Oct 2024 Kenya
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Case Details

Suit Number:Petition (Application) E027 of 2024 CONSOLIDATED WITH PETITION (APPLICATION) NO. E028 OF 2024
Judges:MK Koome, CJ & VP PM Mwilu, DCJ & VP MK Ibrahim, SCJ SC Wanjala, SCJ N Ndugu, SCJ
Counsel:Fred Ngatia & Victor Mailu for the Petitioner in Petition No. E027 of 2024 & for the 1st Respondent in Petition No. E028 of 2024. (Ngatia & Associates & ADRA Advocates LLP) Ikoha Muhindi, Faith M. Macharia & Aisha Abdallah for the 1st Respondent in Petition No. E027 of 2024 & for the Petitioner in Petition No. E028 of 2024. (Anjarwalla & Khanna LLP) Philip Nyachoti for the 2nd Respondent (Nyachoti & Co. Advocates)

RULING OF THE COURT

[1] Two separate appeals, being Petition No. E027 of 2024 and Petition E028 of 2024 have been lodged before this Court arising out of the Court of Appeal Judgment in Civil Appeal No.403 of 2020 as consolidated with Civil Appeal No. E404 of 2020. In Petition No.E027 of 2024, the petitioner, Heineken East Africa Import Company Limited has filed a Notice of Motion application seeking stay of execution of the Court of Appeal Judgment. The 2nd respondent, Maxam Limited on the other hand has filed a Notice of Motion application seeking to strike out the petition of appeal. In Petition No. E028 of 2024, the petitioner, Heineken International B.V. has similarly filed a Notice of Motion application seeking stay of execution of the Judgment of the Court of Appeal while the 2nd respondent has equally filed a Notice of Motion application seeking to strike out the petition of appeal. In order to save on precious judicial time and in view of the related nature of the applications…

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