Directors of an international clearing ad logistics company got temporary relief after a Mombasa court stopped their arrest over a pylon tower dispute with KPLC.
In the case, CEVA Ltd and KPLC are embroiled in a dispute over destruction of Kenya Power pylon towers erected at the later terminal yard in Mikindani.
CEVA Kenya lawyers Danstan Omari and Cliff Ombeta surveying Pylon towers in Mikindani Mombasa.
KPLC laid blame on CEVA and summoned their directors to explain how the towers fell which led them to file the case seeking to stop their arrest.
Justice Olga Sewe on Wednesday, allowed the application by CEVA and barred their arrest pending hearing and determination of the case.
“Pending interparties hearing and determination of this petition, a conservatory order be and is hereby issued restraining KPLC from interfering with the running of the day-to-day business of CEVA Interfreight Kenya Ltd,” the court ruled.
The court has also referred the matter to the court annexed mediation and shall be mentioned on August 10 before the mediation deputy registrar.
The case will be mentioned in court on October 2 for further directions
According the court papers, CEVA carries out the business of customs clearance, freight management and logistics at its terminal yard in Mikindani Mombasa which was leased from Amanzee Investments Kenya Ltd.
The terminal yard is enclosed in a perimeter wall and adjacent to it is a wayleave granted to KPLC who erected a pylon tower on it with two of the anchoring legs sitting in CEVA’s yard and the other two on the wayleave.
The wall that was destroyed when the KPLC pylon towers fell at the CEVA yard.
On July 2, KPLC’s pylon tower that is partly anchored on CEVA’s terminal yard, fell and its legs hit the perimeter wall of the terminal yard, resulting in its collapse and damage to third party property including trucks parked there.
KPLC then issued summons to CEVA’s directors compelling them to appear on July 7 and prior to that the police had summoned their manager and arrested him.
They argued that KPLC had made it difficult for the petitioner to use the weighbridge and that the company has had to hire services of a third party
