Eunice Machuhi
16 November 2009
Nairobi — Importers of assorted goods that have been detained at a godown in Mombasa following a court order issued in Mombasa now want their cargo released.
The cargo owners also want the court to exempt them from paying extra charges or to provide security before their consignment is released as ordered by the court.
In September, the High Court in Mombasa ordered the cargo detained after the ship owners hired to transport it said they were compelled to pay Sh225 million as ransom, being captured by pirates off the Somali Coast.
The vessel christened MV Hansa Stavanger was hijacked while transporting 353 containers from the Middle East to Mombasa, and the (vessel) owners wanted the importers' after cargo to be detained as an undertaking so as to obtain their security.
They wanted the goods discharged and stored at a Container Freight Station (CFS) in Shimanzi until their claim of an estimated Sh270million ($3,601,000) is paid, being 40 per cent of the value of the containers.
In their documents filed at the High Court in Mombasa, the claimants said the ship suffered substantial damage and loss due to fire and destruction by the captors while on the voyage from various parts in the Middle East including Jebel Ali, Mundra, Nhava Sheva and Bahrain.
The court has consequently issued release orders for 55 containers after payment of the money which is to be deposited at an account for the firm representing the ship owners.
In their application however, the importers Messrs Mohammed Abdulahi, Abdi Gure, Mohammed Shire, Ahmed Allhi and Mudey Auto Tires said that they expected their cargo to arrive in April 2009, but the cause of delay was never communicated to them.
The cargo eventually arrived in Mombasa in September, when the transporters notified the importers for the first time that the release could only be guaranteed if they paid an extra amount of 40 per cent of the value of the goods, so as to allegedly compensate for the general average contribution for ransom money paid.
Through their lawyers Abdullahi Aden and Gikandi Ngibuini, the importers said that the claim by the respondents is based on an illegality as it is apparent that the claimant took it upon itself to engage in discussions and payment of money to pirates, without consulting the relevant parties.
They also complained that the cargo has continued to attract demurrage, and are now seeking that the High Court order detaining the cargo be set aside, the goods be released free of all charges and if any charges are payable to any authority, the ship owners be ordered to settle the same.
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