Court rejects Bia Tosha's application to stop EABL-Diageo-Asahi deal

In a ruling, the court found that the petitioner had already elected to pursue relief before the Court of Appeal and could not return to the High Court to seek similar interim orders.

The judge held that allowing the application would undermine the hierarchy of the courts and could result in conflicting decisions between courts of concurrent jurisdiction.

"Having chosen to move to the Court of Appeal in an attempt to obtain relief, the petitioner cannot now return to this court seeking similar orders. Such a course would not be respectful to the hierarchy of courts and may embarrass the judicial system," the court ruled.

The judge further noted that the issues raised in the application were already pending before the appellate court and that the High Court could not purport to determine matters that were actively under consideration by the Court of Appeal.

Bia Tosha had argued that it was seeking temporary conservatory orders pending the hearing and determination of its appeal and maintained that the application was not barred by the doctrine of res judicata.

However, the court found that the applicant had failed to demonstrate sufficient grounds to warrant the issuance of conservatory orders.

"The applicant has not persuaded the court that conservatory orders ought to issue in the circumstances of this case," the judge stated.

Consequently, the court held that the application lacked merit and dismissed it with costs.