EABL loses round one in court battle with rival Keroche
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.