17 May 2014

Kenya: Court Restrains Man From Moving Containers in KPA Mombasa Yard

A High Court in Mombasa has issued interim injunctions restraining a man from operating under Little Woods Ltd from removing condemned containers of frozen goods from the Kenya Ports Authority.

The court also issued orders restraining KPA from dealing with any entity purporting to operate under the said company until the matter has been heard and determined.

Senior principal magistrate Joyce Gandani ordered Meshack Munyao to furnish the court with original documents showing that he is the owner of the company in the next hearing date.

Elizabeth Kariu had moved to court seeking orders to restrain Munyao from operating on behalf of her company or as the sole owner of the company.

However, in an affidavit sworn by Munyao, he informed the court that he was in partnership with Kariu and being the only person who could secure contracts from the shipping companies on destruction of condemned goods from the port.

He also said that he parted ways with Kariu after he found out that she was going behind his back to get the contracts which he had negotiated.

He told the court that Kariu was the one trying to impersonate herself as the Little Woods Ltd yet she has her own establishment known as Little Woods Enterprise which was completely different with the one named above.

Munyao refuted claims made by Kariu that some condemned goods might find their way into the market. He said that those were just mere allegations.

He further said that Kariu does not deserve the interim orders since has not demonstrated that they have a prima facie case with chances of success and have not demonstrated that they will suffer any loss since they have never been awarded the contract.

Munyao claimed to be the rightful owner of the company citing that he had all the necessary trucks needed for ferrying the containers for destruction.

The case will be heard on July 27.

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