JUDGMENT OF THE COURT
1. The appellant, Kenya Ports Authority is a statutory body incorporated under the provisions of Section 3 of the Kenya Ports Authority Act, Chapter 391of the Laws of Kenya. The headquarters of the Authority is in Mombasa; the Authority controls and manages the Port of Mombasa which is a gate way for imports into Kenya and other land locked countries in the region.
2. Section 12 (1) (e) of the Kenya Ports Authority Act stipulates that one of the functions of the Authority is to act as warehousemen and to store goods whether or not such goods have been or are to be handled as cargo or carried by the Authority. The Authority is also mandated to provide such amenities or facilities for persons making use of the services performed or the facilities provided by the Authority as may appear to the Board necessary or desirable.
3. In line with the functions and powers of the Authority, on or about 10th August 2009, the respondent, Three Way Shipping Services (K) Limited, wa…