I have considered the applicant's application dated 23 July 2025 filed under the certificate of urgency of even date. The application is certified urgent. I note from the plaintiff's pleadings that the defendant is either a fraudulent or a non-existent entity that is said to have lured the plaintiff into exporting certain goods described in the pleadings to this country without having paid for them. If that is the case, there would be no need to hold these goods in the country or within its jurisdiction any longer. Subject to the plaintiff indemnifying any party who may have a valid or legitimate claim to the consignment and subject to payment by the plaintiff of any charges that may have accrued as a result of the shipmemt of the consignement to the port of Mombasa, including demurrage charges, port charges, warehouse charges, taxes, duties, levies and any other charges that may be due to the interested parties or any of them, judgment is entered for the plaintiff against the defendant in the following terms:
1. It is hereby declared that the consignment of Potassium Sorbate that was shipped in containers number CMAU9743418, ECMU7476640 and FCIU7321147 more particularly described in the bill of lading No. NGP2332828C dated 19th May 2025 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 2nd interested party from releasing the Cargo/consignment described in the Bill of landing No. NGP2332828C shipped from China by Sea on board vessel SC Montreux to the defendant.
3. A permanent injunction is hereby issued restraining the defendant it’s agents / servants or anyone purporting to represent them from taking possession of the consignment shipped from China to Mombasa port as described in Bill of lading No.NGP2332828C.
3. An order is hereby issued directing CMA CGM S.A to release the consignment that was shipped in containers CMAU9743418, ECMU7476640 and
Bill of lading No.NGP2332828C to the Plaintiff and the consignment be re-shipped back to the country of origin or such other destination of the plaintiff’s choice, except Kenya.
4. There shall be no order as to costs.
5. Parties at liberty to apply.
In view or order (5) above the plaintiff/applicant is directed to serve this decree, together with the rest of the pleadings, forthwith and in any event, not later than three days from the date hereof.
Orders accordingly.
1. It is hereby declared that the consignment of Potassium Sorbate that was shipped in containers number CMAU9743418, ECMU7476640 and FCIU7321147 more particularly described in the bill of lading No. NGP2332828C dated 19th May 2025 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 2nd interested party from releasing the Cargo/consignment described in the Bill of landing No. NGP2332828C shipped from China by Sea on board vessel SC Montreux to the defendant.
3. A permanent injunction is hereby issued restraining the defendant it’s agents / servants or anyone purporting to represent them from taking possession of the consignment shipped from China to Mombasa port as described in Bill of lading No.NGP2332828C.
3. An order is hereby issued directing CMA CGM S.A to release the consignment that was shipped in containers CMAU9743418, ECMU7476640 and
Bill of lading No.NGP2332828C to the Plaintiff and the consignment be re-shipped back to the country of origin or such other destination of the plaintiff’s choice, except Kenya.
4. There shall be no order as to costs.
5. Parties at liberty to apply.
In view or order (5) above the plaintiff/applicant is directed to serve this decree, together with the rest of the pleadings, forthwith and in any event, not later than three days from the date hereof.
Orders accordingly.