A Mombasa businessman has appealed a Sh10.2 million High Court award to a Somali-based company.
Jamal Bandira said he was dissatisfied with the award to Nasibu Fish Company to cover loss of income after its vessel was detained in Kenya for almost two years.
Bandira said the award was unfair as the vessel had not reached the Port of Mombasa when it was intercepted by the marine police on October 14, 2016.
“It was unfair for the court to award the owners of the vessel the money, yet it (vessel) had not delivered the cargo I had imported at the time of arrest. The vessel was not in my hands when it was intercepted,” he said.
The businessman claims the vessel was detained at Kilifi and its crew arrested and later charged with being in the country illegally.
Bandira, a businessman dealing with general supplies in Mombasa and Somalia, also faulted the court for failing to consider his evidence against the fish company when delivering the judgment.
He said it was not proper for the court to award the company the amount that was larger than what he was claiming from the vessel owners in terms of repair, maintenance and other services he offered to the crew when they were arrested at the Kilifi port. The vessel docked there after developing mechanical problems.
“The company should have filed their own claim. It was unfair to ride on mine [claim] against them to seek the court’s favour. The vessel owners ... failed to deposit security in court to secure release of the vessel as the case against the captain and the crew was ongoing,” Bandira said
Justice Njoki Mwangi awarded the fish company Sh10.2 million.the money plus interest for loss of income for 19 months.