1. I have read the applicant's application dated 28 July 2025 filed under a certificate of urgency of even date. I am satisfied that the entire suit deserves to be disposed of urgently and it is therefore certifed as urgent.
2. Considering that the defendant is alleged to be phantom or fraudulent person or entity, and subject to the plaintiff providing indemnity to any person who may lay a legitimate or valid claim over the consignment hereinbelow described and subject to the plaintiff paying demurrage charges, port charges, customs charges, warehouse charges, and/or any other charges that may be due to the Shipping Line, the Kenya Ports Authority, the Kenya Revenue Authority or the interested parties:
1. It is hereby declared that a consignment of Sodium Benzoate shipped in containers numbers EGSU9730310, EMCU1632236, TGBU6537158, on board
SEASPAN NEW DELHI 017W, more particularly described in the Bill of lading No. 140500709382 is the property of the plaintiff and the defendant has no right to the said consignment.
2. A permanent injunction is hereby issued restraining the 1st and 2nd interested parties from releasing the consignment shipped in containers numbers EGSU9730310, EMCU1632236, TGBU6537158, as described in the Bill of lading No. 140500709382, to the defendant or any other party that is not the plaintiff or it’s appointed agents.
3. A Mandatory Order is hereby issued to the Interested Parties to release the Cargo shipped in containers number EGSU9730310, EMCU1632236, TGBU6537158 as described in the Bill of Lading No. 140500709382 to the Plaintiff or its appointed agents for reshipment to a destination of its choice except Kenya.
4. The Interested Parties are hereby ordered to amend or allow Amendments of the Bill of Lading No. 140500709382, specifically to change the name of the consignee and enable the release of the cargo to the plaintiff.
5. It is hereby decalred that the sales contract dated 14th March 2025 entered into between the plaintiff and defendant representing itself as CSCHEM Limited is null and void abinitio.
6. Parties at liberty to apply.
Orders accordingly.
2. Considering that the defendant is alleged to be phantom or fraudulent person or entity, and subject to the plaintiff providing indemnity to any person who may lay a legitimate or valid claim over the consignment hereinbelow described and subject to the plaintiff paying demurrage charges, port charges, customs charges, warehouse charges, and/or any other charges that may be due to the Shipping Line, the Kenya Ports Authority, the Kenya Revenue Authority or the interested parties:
1. It is hereby declared that a consignment of Sodium Benzoate shipped in containers numbers EGSU9730310, EMCU1632236, TGBU6537158, on board
SEASPAN NEW DELHI 017W, more particularly described in the Bill of lading No. 140500709382 is the property of the plaintiff and the defendant has no right to the said consignment.
2. A permanent injunction is hereby issued restraining the 1st and 2nd interested parties from releasing the consignment shipped in containers numbers EGSU9730310, EMCU1632236, TGBU6537158, as described in the Bill of lading No. 140500709382, to the defendant or any other party that is not the plaintiff or it’s appointed agents.
3. A Mandatory Order is hereby issued to the Interested Parties to release the Cargo shipped in containers number EGSU9730310, EMCU1632236, TGBU6537158 as described in the Bill of Lading No. 140500709382 to the Plaintiff or its appointed agents for reshipment to a destination of its choice except Kenya.
4. The Interested Parties are hereby ordered to amend or allow Amendments of the Bill of Lading No. 140500709382, specifically to change the name of the consignee and enable the release of the cargo to the plaintiff.
5. It is hereby decalred that the sales contract dated 14th March 2025 entered into between the plaintiff and defendant representing itself as CSCHEM Limited is null and void abinitio.
6. Parties at liberty to apply.
Orders accordingly.