High Court judge advises Anne Njeri to stop watching money heist movies over her ownership claim to Sh17bn fuel
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Blow to businesswoman Anne Njeri after high Court dismissed her claim of ownership of the controvesial Sh17bn fuel
Blow to businesswoman Anne Njeri after high Court dismissed her claim of ownership of the controversial Sh17bn fuel.
Businesswoman Anne Njeri has suffered a blow after cour dismissed her claim to the controversial Sh17bn fuel.
Justice Kizito Magare has determined that there is no evidence that such oil was imported.
The judge found that all the documents that Ms Njoroge filed don’t prove any purchase.
Ms Njoroge went to the Court in Mombasa last year, expressing dissatisfaction that she had been cheated in the 100,000 metric tons of diesel she had brought in from Jeddah when the shipment reached the Mombasa port.
When she was given the opportunity to submit proof to back up her ownership claim of the goods that arrived in the nation on board the MV Haigui, the court was left wondering why she was so adamant on claiming ownership of the cargo.
Justice Kizito Magare, who presided over the dispute, has determined that there is no evidence that such oil was imported.
The court further noted that documents that the woman presented though her company, Ann’s Import and Export Enterprises Ltd, left no doubts that no drop of oil could have left Saudi Arabia.
The judge found that all the documents that Ms Njoroge filed do not prove any purchase, import or requisition of the Diesel EN 590.
“The best I can describe the claimant’s claim is that it was an amateurish attempt on a heist. The claimant should stop watching too many movies, especially the “money heist,” said Justice Kizito.
Evidence presented in court further shows that the oil that was offloaded was Gas oil 50ppm Automotive Gas Oil (AGO) and not Diesel EN 590. Further, the manifest with Kenya Revenue Authority was for AGO.
“The diesel never arrived into the country. The goods that Galana Energies Ltd purchased are different from the purported ones by Ann’s Import and Export Enterprises ltd,” said the judge.
The court noted that the claimant (Ann’s Import and Export Enterprises Ltd) simply had no infrastructure related to the ship and cargo and that the consignment it was fighting over with Galana Energies Ltd was not the same.
“They should file their case in Jeddah where they may have been misled or otherwise initiated the scheme to steal the oil. Diesel EN590 never arrived and was not aboard the motor tanker Haigui.
This is a proper case to strike out. It cannot be saved by amendment or otherwise,” said the judge.
The ship MV Haigui, the court noted, turned up and left behind a web of truth, ties, half-truths, subterfuge and machinations that were of proportions unknown in the recent world.
“Not even the legendary Ali Capone and Others could have pulled stunts some of the parties were putting on,” said the judge.
In the midst of all these, the court noted it was left with more heat, and darkness than light and illumination.
“The truth lay somewhere. Unfortunately, what happened on the fateful, October 11, 2023, will remain buried forever. I cannot fathom, encompass and even understand the circumstances where one party is importing diesel and another petrol but shipping it in the same ship exclusively,” said the judge
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In the end, the court noted that Anne Njeri Njoroge did not produce any evidence of paying, acquiring, placing an order, contract for purchase, or anything that can be relied on.
It, therefore, had no evidence of ever acquiring title from the seller, and that there was no letters of credit for the particular cargo offloaded from the ship.
Justice Kizito further noted that there is no likelihood that Sh17billion worth of oil could be illegally imported into the country, adding that the fact that the applicant did not have all the licenses required, shows that any such acts have nullities.
In the initial application, the cargo manifest dated October 9, 2023, indicated the vessel manifest as Rowan, with Dougukan Bulut as the Master. It was loaded on the same date in Jeddah.
The document also showed that the shipper and consignee were the same, with the claimant signing the bill of lading both as the shipper and importer.
“There is no question that the bill of lading is fictitious. If the cargo was bought on board, the bills of lading could not be issued by the purchaser,” said the judge.
The court also found that the ship was a Liberian Flag ship and did not have a local agent, with the authorization on board showing that the commercial manager was not reported.
“Courts are not morons. How does a party who does not produce or process oil, issue a bill of lading? At least the Master should have issued a Master’s bill of lading. Nowhere in the crucial documents that I have seen, does the alleged ship’s master Bulut sign any of the necessary documents including the shipping receipt and the master’s bill of lading,” said the judge.
With this, Justice Kizito dismissed Ms Anne Njeri Njoroge’s firm case and instructed her company to pay Sh22.4 million as cost of the case.
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