Monday, October 28, 2013

Another Cargo Vessel Held by Court after Freight and Crew Charges Unpaid

Seven Months Marooned in Port Awaiting Judgement
Shipping News Feature

KENYA – A dispute that it is said has dragged on for seven months seems set to continue on after the High Court in Mombasa decreed that the general cargo vessel at the heart of the row be detained whilst matters are resolved. As with the recent Canadian case the delay now seems to centre on the unpaid wages of the crew following a protracted argument over freight charges.

The MV Nada 1 had carried machinery, said to be worth €1.3 million, from Port Sudan and arrived way back in March to offload in Mombasa. The importer refused the cost of carriage and in September a Court ruling led to the cargo being offloaded into the care of a local container freight station. Unfortunately prevarication over points of law meant the ship sat loaded at the quay until last week.

Before the vessel could sail, the crew apparently appealed to the Court saying they had not been paid, at which point the Sierra Leone flagged vessel was impounded until the matter is resolved. The vessel operators, Borana Marine Services, are claiming damages from the importers having incurred huge costs whilst the vessel sits idle and the matter is due to be heard on November 19.