The High Court has ordered Kenya Ports Authority (KPA) to release a lorry it has been holding for the past two years claiming that the owner has refused to pay for a damaged wall that cost the corporation Sh835,575.
Justice Dennis Kizito Magare directed KPA to release the lorry to Willmon Freight Ltd and Samuel Njau Muthemba or their agents, within seven days from the date of the judgment.
The judge said the Port police station boss and the Mombasa County Commander to ensure that the order is complied with.
“This case has shown special circumstances, where the defendant is holding the motor vehicle to blackmail the plaintiffs to settle a road traffic accident instead of filing suit for recovery,” the judge said.
The court noted that being a heavy commercial vehicle, losses incurred cannot be fathomed and continued detaining of the lorry might soon outstrip the value of the vehicle and will drain public resources.
The court heard that the lorry hit KPA’s wall on October 21, 2020, following a road traffic accident. It was released by police the same day but KPA held on until the insurer settles damages to the wall.
“For two years, the plaintiff’s motor vehicle has been held without any lawful cause. The excuse given is neither plausible nor tenable,” the judge said.
