JAMAL MOHAMED BANDIRA V. OWNERS OF THE MOTOR VESSEL ANASIBUA

JUDGMENT OF THE COURT

1. The appellant filed an admiralty claim in the High Court of Kenya at Mombasa. The claim was against the Owners of Motor Vessel “Nasibu”, a ship, (M/V Nasibu).

2. The appellant stated that he hired M/V Nasibu to transport some cargo from the Port of Kismayu, Somalia, to Mombasa; that enroute the motor vessel developed mechanical problems; that the crew members were arrested and charged at Kilifi Senior Resident Magistrates’ Court for being in Kenya illegally but were later released; that he provided petty cash to the captain of the vessel to cater for legal costs, including cash bail to secure the release of the vessel and the crew; that he supplied food to the captain and the ship’s fuel and spare parts, all totaling to Kshs.722,000/ which he claimed against the respondent.

3. The respondent denied the appellant’s claim in its entirety. By way of a counterclaim, the respondent stated that the appellant caused an unlawful arrest of M/V Nasibu and as a result the r…