Kenya Breweries Limited & another v Keroche Breweries Limited [2020] KEHC 7248 (KLR)
- Court
- High Court of Kenya
- Case number
- 7248
- Citation
- [2020] KEHC 7248 (KLR)
- Decided
- 10 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePostureAppeal from a preliminary objectionCoramMARY KASANGO
Holding
The preliminary objection is dismissed with costs.
Facts
Kenya Breweries Limited and East African Breweries Limited filed a civil suit against Keroche Breweries Limited, alleging harassment by the Department of Weights and Measures and the Attorney General.
Issues
- Whether the preliminary objection raised by the 4th and 5th defendants (Department of Weights and Measures and Attorney General) is valid.
- Whether the court can consider constitutional provisions to determine if the defendants are wrongly sued.
Reasoning
The court dismissed the preliminary objection as it is not a pure point of law but rather seeks to determine disputed facts and exercise judicial discretion.
Outcome
The preliminary objection is dismissed.
Authorities cited
Cases cited (3)
- J.N. & 5 others v Board of Management St G. School Nairobi & another (2017) eKLR
- Omondi vs. National Bank of Kenya Ltd & Others (2017) eKLR
- Mukisa Biscuit Manufacturer Ltd v Westend Distributers Ltd (1969) E A 696
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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