Fredrick Njora Mwangi v Wilhelmsen Ships Services Limited & 2 others [2017] KEHC 2561 (KLR)
- Court
- High Court of Kenya
- Case number
- 2561
- Citation
- [2017] KEHC 2561 (KLR)
The Court finds that the Plaintiff is the beneficial owner of the goods in container no. DFSU 7538492 (A40) and orders the 1st and 2nd Defendants to release the goods to the Plaintiff forthwith after payment of all relevant dues.
Facts
Plaintiff ordered goods in Dubai and engaged 2nd Defendant for loading and shipping. Plaintiff claims he paid for the goods and related expenses, but 1st Defendant refused to release the goods until an original bill of lading was produced.
Issues
- Whether the Plaintiff is the beneficial owner of all that is contained in container no. DFSU 7538492 (A40).
- Whether the goods held by the 3rd Defendant should be released to the Plaintiff forthwith after payment of all relevant dues.
Reasoning
The Court relies on the definition of a bill of lading as a document acknowledging receipt of goods and the contract for their transportation. The Plaintiff's claim is supported by his payment and engagement of the 2nd Defendant for loading and shipping.
Outcome
Plaintiff's claims upheld, goods released to Plaintiff.
Orders
- The Plaintiff is declared the beneficial owner of all that is contained in container no. DFSU 7538492 (A40).
- The goods held by the 3rd Defendant be released to the Plaintiff forthwith, after payment of all relevant dues.
Authorities cited
Cases cited (2)
- PIL Kenya Limited versus Joseph Oppong [2009] eKLR
- Societe Miniere Delet versus Afrika Invest Limited & 2 others [2015] eKLR
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