EABL loses round one in court bat­tle with ri­val Ke­roche

The Star (Kenya) - - News Business -

The High court yes­ter­day dis­missed an ap­pli­ca­tion by gi­ant brewer East African Brew­eries to ex­punge some para­graphs from the de­fence filed by ri­val Ke­roche Brew­eries.

Com­mer­cial Judge Fred Ochieng ruled the cited para­graphs touch­ing on re­stric­tive trade prac­tices on EABL’s part were not “op­pres­sive, scan­dalous or im­ma­te­rial” as al­leged.

The judge found that EABL and its Kenyan sub­sidiary Kenya brew­eries Ltd erred in fault­ing Ke­roche for al­legedly fail­ing to pro­duce sat­is­fac­tory ev­i­dence to prove its claims against them.

“Ke­roche can­not be faulted for for­mu­lat­ing its counter claim in the man­ner it has cho­sen. The style may not meet the stan­dards en­vi­sioned by EABL, but that is not rea­son enough to war­rant the striking out of the para­graphs which the plain­tiffs deem ap­pro­pri­ate,” he said.

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