The Court of Appeal has thrown out a Sh4 billion landmark case pitting mobile service provider Airtel against a distributor, Nyutu Agrovet.
A five-judge bench composed of Justices Mohamed Warsame, Patrick Kiage, Lydiah Achode, John Mativo and Ngenye Macharia unanimously agreed to dismiss an application to appeal filed by Nyutu.
They felt that High Court Judge Kanyi Kimondo was right to deny Nyutu damages after Airtel which was then known as Celtel, cancelled the contract to distribute phones in Donholm.
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