The High Court has intervened to streamline proceedings and set the record straight in the decade-old legal dispute between Bia Tosha Distributors Limited and East African Breweries PLC (EABL).
During a case management session, the presiding judge indicated that the court will first determine which version of the petition is formally on record. The matter, which has been before the court for several years, includes multiple filings and pending applications, among them a Further Amended Petition filed in January 2026 by Bia Tosha.
According to court proceedings, the amended filing introduces additional prayers, including injunctive relief and a monetary claim. The amendments have been contested by EABL and Diageo, with the respondents raising issues regarding the nature of the claims and the appropriate forum for their determination. These issues are expected to form part of the court’s consideration.
The court emphasised the need to streamline proceedings and ensure procedural clarity, noting that establishing the operative pleadings is a necessary step before addressing substantive issues in the case.
Parties have been directed to file and highlight submissions specifically on the status and admissibility of the Further Amended Petition. Following this determination, the court will issue directions on how the matter will proceed, including whether the main petition and pending applications will be heard separately or together.
The case is scheduled for mention on May 28, 2026, when parties will present submissions on the procedural questions identified by the court.
The directive is intended to support efficient case management and provide a clear procedural framework as the matter moves toward hearing.
