By Andrew Kariuki
A Nairobi-based manufacturer has moved to court seeking legal action against an international shipping company, accusing it of deliberately disobeying a court order to release a consignment of goods, in a dispute that now raises serious questions about compliance with judicial directives.
Goodlight Industries Limited, a candle manufacturor, has filed an urgent application before the Milimani Commercial Court in Civil Case No. E043 of 2026, against Mediterranean Shipping Company S.A., seeking contempt orders over the continued detention of its cargo.
Through its advocate, Kevin Turunga Ithagi, the company argues that the shipping firm has failed to comply with a consent order issued by the court on February 9, 2026, which directed the immediate release of the consignment to the applicant.
According to court documents, the candle making goods were shipped by Shenzhen Jin Tongcan Trade Ltd., the 2nd Defendant, under Bill of Lading Number MEDUOV710746.
However, the original bill of lading was reported lost at Kariobangi South Police Post under OB Number 19/29/12/2025.
Following the report of the loss, the court issued a consent order allowing the release of the goods using a copy of the lost bill of lading, pending the hearing and determination of the matter.
Despite the order, Goodlight Industries claims that Mediterranean Shipping Company S.A., has “willfully, deliberately and contumaciously” refused to release the consignment, even after being duly served with the court directive.
“The continued unlawful detention of the consignment goods is causing severe and irreparable financial loss and prejudice, including demurrage charges, storage fees, loss of business opportunities and disruption of operations,” the application states.
The company further contends that the refusal to comply with the court order amounts to a direct affront to the authority and dignity of the court, warning that such conduct risks rendering judicial orders ineffective if left unchecked.
Goodlight Industries maintains that it has been ready and willing to settle any accrued charges due at the time the order was issued, but despite this, the cargo has not been released.
In its application, the company is seeking orders to have responsible employees of Mediterranean Shipping Company S.A. cited for contempt of court and either committed to civil jail or fined until they comply with the court’s directive.
The applicant is also asking the court to compel the immediate release of the goods, stop any further accrual of demurrage charges and award compensation for losses incurred as a result of the continued detention.
In a supporting affidavit, Margret Wagwama Kiunga, a manager at Goodlight Industries Limited, confirmed that the consignment remains under the control of the shipping company despite the existence of a valid court order.
She stated that the company continues to suffer financial prejudice on a daily basis, adding that the losses being incurred cannot be adequately remedied by damages alone.
The application has been certified as urgent, with the applicant urging the court to intervene without delay to prevent further losses and enforce compliance with its orders.
The initial application was dispensed with and a mention issued to confirm payment of the charges to enable the court mark the matter as settled.
The matter is expected to proceed before the Milimani Commercial Court on 2 March 2026 for further directions.
