The High Court has suspended the execution of a notice of proclamation to repossess several vehicles belonging to the county government of Mombasa, over alleged failure to pay a Sh51 million debt.
Justice Jairus Ngaah further suspended any efforts to proclaim by TransAfrica Motors Ltd and an auctioneer, pending hearing and determination of an application by the County Government of Mombasa.
Through lawyer Murtaza Tajbhai, the county government wants the proclamation dated December 2, 2024 together with all the consequential efforts to proclaim the properties declared irregular, void and a nullity.
According to the application, the properties of the county government are at stake of illegal repossession and TransAfrica Motors Ltd, has resorted to an unorthodox means of defeating justice by proceeding with a proclamation against the vehicles belonging to the devolved unit.
The county government argues that the case is still pending in court, and that the plaintiff is trying to use the ‘backdoor means of winning a match’.
“The day to day activities of the county government of Mombasa shall come to a halt as the motor vehicles in the proclamation are used for various services to the residents of Mombasa,” argues the devolved unit in its application.
The county government further argues that it is in the interest of justice that the orders it is seeking, be granted to avert unlawful repossession of the motor vehicles without any regard to the law.
County Attorney Jimmy Waliaula, in his affidavit states that the manner in which the proclamation has been done is surprising as it does not contain the value of the vehicles being attached thus it is bad in law.
In the main suit, TransAfrica Motors Ltd is seeking to be paid Sh51 million plus interests at court rates from May 1, 2021.
It argues that by a local purchase order issued by the county government, it was invited to supply 12 trucks at a cost of Sh103 million.
TransAfrica Motors Ltd says it delivered and invoiced the trucks before the county government paid in instalments.
The company also says that by another local purchase order dated December 11, 2018, the county government asked it to deliver 10 large tippers at a total cost of Sh85.8 million.
“By a delivery order, the plaintiff delivered the ten trucks to the defendant who acknowledged receipt,” reads part of the court papers.
TransAfrica Motors Ltd says the county government made a payment of Sh16.8 million, leaving a balance of Sh51 million as at May 1, 2021.
It claims that the county government has since refused and failed to pay the money, despite demands.
The county government has also filed a preliminary objection to the case, arguing that it contravenes Section 3 of the Public Authorities Limitations Act and wants it dismissed. The case will be heard on March 3.
