High Court rules company cannot seek similar interim relief after moving dispute to the Court of Appeal
Bia Tosha suffered another legal setback after the High Court dismissed its latest application seeking to stop completion of the proposed Diageo–Asahi transaction involving East African Breweries PLC (EABL).
In a ruling delivered on today, the court held that Bia Tosha had already elected to pursue the matter before the Court of Appeal and could not return to the High Court seeking similar interim orders.
The application, dated 4 May 2026, was dismissed with costs.
Court Emphasises Proper Legal Process
The decision is significant because it underscores the court’s insistence on procedural discipline in a dispute that has generated multiple applications and amendments over the years.
According to the court’s reasoning, once Bia Tosha chose to seek relief from the appellate court, the High Court ceased to be the appropriate forum for the same interim intervention.
Legal observers say the ruling strengthens the principle that parties should not simultaneously pursue overlapping remedies before different courts.
A Growing Series of Legal Setbacks for Bia Tosha
The latest ruling follows recent proceedings in which the court directed parties to first clarify which version of Bia Tosha’s petition is properly before the court before substantive issues can be determined.
That direction came amid disputes over a Further Amended Petition that sought, among other remedies, to challenge the transaction and introduce a KES 45 billion claim.
The court’s insistence on resolving foundational procedural questions before moving forward has increasingly shifted attention from headline-grabbing claims to the legal basis upon which those claims rest.
What It Means for EABLFor EABL and parties supporting the transaction, the ruling removes an immediate obstacle to completion of the proposed deal.
While the broader dispute remains unresolved, the court’s latest decision may be viewed as reinforcing EABL’s argument that the litigation should proceed in an orderly and legally coherent manner rather than through multiple parallel applications.
