Importers in deal to free their cargo

Importers of assorted goods that had been detained at a godown in Mombasa following a court order, have now signed a deal with the ship owners to have them released.

The ship owners hired to carry the cargo declined to release it until their claim of an estimated Sh270 million is paid, being 40 per cent of the value of the containers.

This was after their vessel was hijacked while on transit from the Middle East to Mombasa.

They wanted the importers’ cargo to be detained as security after they were compelled to pay Sh225 million as ransom to pirates.

In 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.

In their application, however, the importers Mohammed Abdulahi, Abdi Gure, Mohammed Shire, Ahmed Allhi and Mudey Auto Tires said they expected their cargo to arrive in April 2009 but the cause of delay was never communicated to them.

The goods eventually arrived in Mombasa in September when the transporters notified importers for the first time that the release could only be guaranteed if they paid an extra 40 per cent of the value of the goods so as to allegedly cover the general average contribution for ransom money paid.

Agreed to pay

They, however, agreed to pay the amount asked for and have their goods released adding that they were making losses following continued detention of the cargo due to demurrage charges.

The importers had earlier argued that the claim by respondents was based on an illegality as it was apparent that the claimant took it upon itself to engage in discussions and payment of money to pirates, without consulting the relevant parties.

They wanted the High Court order detaining the cargo to be set aside, the goods be released free of all charges and if any are payable to any authority, the ship owners be ordered to settle the same.