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The Nairobian

Liberian-flagged ship detained in Mombasa over unpaid debt

Coast

By Willis Oketch | Dec 12, 2024

**A section of terminal 2 at the Mombasa Port.** [File, Standard]

A Liberian-flagged ship has been detained at the Port of Mombasa following a warrant of arrest issued by the High Court.

A court bailiff obtained an order from Mombasa Law Courts to detain the ship MV Eleen Sofia for an unpaid debt of Sh6.5 million. The shipis more than 100 metres big.

This is after Hong Kong Eastern Marine Engineering Company complained that the owner had not paid for repairs, supplies, and ship chandlers.

The company’s lawyer, Sanjeev Khagram, said the ship could be auctioned in Kenya to enable his client to recover the money.

In documents filed in the court, Khagram said the ship was supplied goods and repaired at port Weihai Cud between November 22, 2023, and January 2024 but only paid Sh1.9 million.

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The lawyer argued that since his client did not know the new destination of the vessel after discharging cargo at Mombasa it was necessary the vessel be detained to enable the owner to pay the debt.

The lawyer said the ship sailed away before the owners completed full payment for the service rendered.

He explained that when the ship docked at Mombasa port on November 30, 2024, his client instructed him to detain it so that their claim could be paid or have the ship auctioned to recover the money.

“The claim against the defendant is USD 50,517, being the amount due for goods material service repairs and supplied between November 2023 and January 2024 at the port of Weihai Cud with interest,” said Khagram.

The lawyer said they have obtained an order for the appraisement and sale of the vessel if the amount is not paid.

Following the warrant of arrest, a court bailiff accompanied by court orderlies went to the port and served the Harbour Master and later served the captain of the ship.

“The claimant's claim against the defendant is for the balance of US$50,517 being the amount due and owing to by the defendant to the claimant for goods materials, services, and repairs supplied or carried out to MV ELEEN SOFIA between November 22, 2023, and January 26, 2024, at Port of Weihai Cud together with interest at Court rate of 12 percent,” said Khagram

The port police boss was also served the warrant of the arrest, following the order issued by the Admiralty Court.

Khagram, who spoke to The Standard, confirmed the ship was being detained at the port until the owner clears the amount in question.

Following the development, the owner has undertaken to pay port charges, feed the seafarers on board, and pay salaries until the vessel is either auctioned or the owner clears the disputed claims.

The vessel owner wants judgment against the ship, her tackle, apparel, furniture, and freight for $50,517.01.

By the time of going to the press, the ship’s owner had not filed any document to oppose the application to have judgment against the vessel under arrest.