Jovet (Kenya) and Bavaria N.V.
The court of appeal has confirmed an earlier High Court decision, stating that no valid contractual relationship exists between Jovet (Kenya) and Bavaria N.V.
The judges clarified that Jovet (Kenya) had a private agreement with Jovet (Tanzania) which was the actual distributor for Bavaria’s products in Kenya, noting that Bavaria never appointed Jovet (Kenya) as its distributor and that any claims regarding the termination of the agreement are unfounded.
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Jovet (Kenya) initially claimed that Bavaria unlawfully ended its exclusive distribution deal, arguing that it had significantly invested in building the brand’s presence in Kenya.
However, Bavaria countered that Jovet (Kenya) operated as a sub-distributor under an arrangement with Jovet (Tanzania), not as an independent entity.
The Court also pointed out that the distribution agreement with Jovet (Tanzania) expired at the end of 2015, rendering Jovet (Kenya)’s claims for damages irrelevant.
Judges stated that the law governing the agreement falls under Dutch jurisdiction, with disputes subject to arbitration in the Netherlands.