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The two words that cost Heineken Sh1.8bn in row with tycoon
Photograph of two men toasting with two bottles of Heineken beer. Heineken has moved to the Supreme Court seeking a stay of a decision granting Ngugi Kiuna more than Sh1.7 billion.
A misunderstanding over two words, ‘without prejudice’, contained in a letter sent to tycoon Ngugi Kiuna by Heineken seven years ago cancelling a distributorship contract has cost the Dutch beer maker Sh1.8 billion.
Court of Appeal judges ruled last week that the letter addressed to Maxam Ltd was not legally binding and that the contract between Heineken and Mr Kiuna’s firm was not terminated lawfully by the time Heineken engaged other distributors.
