Goodlight Industries Limited Moves to Jail Mediterranean Shipping Company S.A. Officials Over Alleged Defiance of Court Order in Cargo Dispute
A Nairobi-based company has moved to court seeking contempt proceedings against a global shipping firm, accusing it of defying a court order to release detained cargo, in a dispute now escalating into a legal battle over compliance and commercial losses.
Goodlight Industries Limited, who manufacture candles and were allegedly importing a raw material for production of the candles, has filed an urgent application before the Milimani Commercial Court in Civil Case No. E 043 of 2026, seeking punitive action against Mediterranean Shipping Company S.A. over alleged disobedience of a consent order issued on February 9, 2026.
Through its advocate Kevin Turunga Ithagi, the company argues that despite the court directing the immediate release of a consignment of goods, the shipping company has “willfully, deliberately and contumaciously” refused to comply.
According to court documents, the disputed cargo was shipped to Goodlight Industries by Shenzhen Jin Tongcan Trade Ltd. 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 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 case.
But the applicant claims that despite proper service of the order, the shipping company has continued to detain the goods, causing mounting financial losses.
“The continued unlawful detention of the consignment is causing severe and irreparable financial loss, including demurrage charges, storage fees, loss of business opportunities and disruption of operations,” the application states.
The company further argues that the failure to comply with the court order undermines the authority and dignity of the court and risks rendering its orders ineffective.
Goodlight Industries maintains that it has been ready and willing to settle any accrued charges as at the time the order was issued, but the goods have still not been released.
In the application, the firm is seeking to have the shipping company’s Legal Manager and Imports Manager cited for contempt of court and committed to civil jail or fined until they comply with the court order.
The applicant is also asking the court to compel the immediate release of the consignment, halt any further demurrage charges and order the respondent to compensate it for business losses incurred due to the delay.
In a supporting affidavit, the company’s manager, Margret Wagwama Kiunga, confirmed that the goods remain under detention despite the court’s directive.
She stated that the company has suffered continued prejudice as a result of the delay, emphasizing that the losses being incurred cannot be adequately compensated by damages alone.
The application has been certified as urgent, with the applicant warning that any further delay in resolving the matter will lead to additional losses and further undermine its commercial operations.
The initial application was dispensed with and a further mention was issued to confirm payment of the charges to enable the court mark the matter as settled.
The case will be mentioned on 2, March, 2026 for further directions.
