I have read the applicant's application dated June 16, 2025 filed under a certficate of urgency of even date. I am not satisfied that the application is urgent. I direct that the application be mentioned on June 2025 for directions of its disposal. In the meantime, the following prayers are granted:
1. Leave is hereby granted to the plaintiff to serve court process upon the defendants outside Kenya through the E-mail addresses used by the defendants’ agents to communicate with the plaintiff namely: peter.watkins@evonikchem.co.uk,dirk.reichel@evonikchem.co.uk,s.ragu@evonikchemicals.co.uk, Stephen.cain@evonikchem.co.uk, sales@evonikchemicals.co.uk, accounts@evonikchemical.co.uk, and info.chemisolchemug@aol.com.
2. Pending the hearing and determination of this application inter partes, an order is hereby issued restraining Maersk Shipping Line, the Kenya Ports Authority, the Kenya Revenue Authority as well as the Uganda Revenue Authority, whether by themselves, their employees, servants, or agents from parting with possession of the consignment of caustic soda flakes that was shipped to the port of Mombasa under bill of lading number 250452199 issued on 20th March 2025 and packaged in eight (8) containers being numbers MSKU4464197, MRKU8630191, MSKU5507539, TRLU8813909, TLLU2219123, MSKU5625064, MSKU7669246, and CRSU1523152 and the consignment of caustic soda prills that was shipped to the 2nd defendant through the port of Mombasa under a bill of lading number 250837988 issued on 27th March 2025 and packaged in seven (7) container numbers MSKU7329251, SUDU1439297,
TCLU1400490, MSKU7541954, MRKU6513848, MRSU0152550, and TEMU1415326.
3. Subject to the applicant paying demurrage or port charges, customs charges, warehouse charges or other charges that may be due to Maersk Shipping Line, the Kenya Ports Authority, the Kenya Revenue Authority as well as the Uganda Revenue Authority, these entities, whether by themselves, their employees, servants, or agents, are herby ordered to immediately release to the custody of the plaintiff the consignment of caustic soda flakes that was shipped to the 2nd defendant through the port of Mombasa under bill of lading number 250452199 issued on 20th March 2025 and packaged in eight (8) containers being numbers MSKU4464197, MRKU8630191, MSKU5507539, TRLU8813909, TLLU2219123, MSKU5625064, MSKU7669246, and CRSU1523152 and the consignment of caustic soda prills that was shipped to the 2nd defendant through the port of Mombasa under a bill of lading number 250837988 issued on 27th March 2025 and packaged in seven (7) containers being numbers MSKU7329251, SUDU1439297, TCLU1400490, MSKU7541954, MRKU6513848, MRSU0152550, and TEMU1415326 for repatriation back to the country of origin or such other destination of the plaintiff’s choice except Kenya.
It is so ordered.
1. Leave is hereby granted to the plaintiff to serve court process upon the defendants outside Kenya through the E-mail addresses used by the defendants’ agents to communicate with the plaintiff namely: peter.watkins@evonikchem.co.uk,dirk.reichel@evonikchem.co.uk,s.ragu@evonikchemicals.co.uk, Stephen.cain@evonikchem.co.uk, sales@evonikchemicals.co.uk, accounts@evonikchemical.co.uk, and info.chemisolchemug@aol.com.
2. Pending the hearing and determination of this application inter partes, an order is hereby issued restraining Maersk Shipping Line, the Kenya Ports Authority, the Kenya Revenue Authority as well as the Uganda Revenue Authority, whether by themselves, their employees, servants, or agents from parting with possession of the consignment of caustic soda flakes that was shipped to the port of Mombasa under bill of lading number 250452199 issued on 20th March 2025 and packaged in eight (8) containers being numbers MSKU4464197, MRKU8630191, MSKU5507539, TRLU8813909, TLLU2219123, MSKU5625064, MSKU7669246, and CRSU1523152 and the consignment of caustic soda prills that was shipped to the 2nd defendant through the port of Mombasa under a bill of lading number 250837988 issued on 27th March 2025 and packaged in seven (7) container numbers MSKU7329251, SUDU1439297,
TCLU1400490, MSKU7541954, MRKU6513848, MRSU0152550, and TEMU1415326.
3. Subject to the applicant paying demurrage or port charges, customs charges, warehouse charges or other charges that may be due to Maersk Shipping Line, the Kenya Ports Authority, the Kenya Revenue Authority as well as the Uganda Revenue Authority, these entities, whether by themselves, their employees, servants, or agents, are herby ordered to immediately release to the custody of the plaintiff the consignment of caustic soda flakes that was shipped to the 2nd defendant through the port of Mombasa under bill of lading number 250452199 issued on 20th March 2025 and packaged in eight (8) containers being numbers MSKU4464197, MRKU8630191, MSKU5507539, TRLU8813909, TLLU2219123, MSKU5625064, MSKU7669246, and CRSU1523152 and the consignment of caustic soda prills that was shipped to the 2nd defendant through the port of Mombasa under a bill of lading number 250837988 issued on 27th March 2025 and packaged in seven (7) containers being numbers MSKU7329251, SUDU1439297, TCLU1400490, MSKU7541954, MRKU6513848, MRSU0152550, and TEMU1415326 for repatriation back to the country of origin or such other destination of the plaintiff’s choice except Kenya.
It is so ordered.