Logistics firms sued in a Sh259m dispute

A group of consultants have sued one of the largest private inland container depot, seeking Sh259 million for services rendered towards the construction of a multi-billion-shilling office block.

The consultants said they were contracted by Multiple ICD (K) Ltd to render professional services in the construction of a Sh3.6 billion block at Makupa Causeway in Mombasa. They allege that the company failed to pay them.

However, the company denied signing the contract with Maxcad Civil and Structural Engineers, Gakuya Quantity Surveyors, Primeconsult Mechanical Engineers and Gitutho Architects, but passed the buck to its sister company, Multiple Hauliers (EA), saying it was contracting agent.

Justice Mary Kasango ordered the inclusion Multiple Hauliers as a party to the suit to enable the court to determine all the questions involved in the dispute.

“It has become clear to me that Multiple Hauliers is a party whose presence before the court will be necessary and should be joined as the second defendant,” she ruled.

In their statements, the consulting team pointed out that the contract signed on November 2, 2007, between the warring parties was written on Multiple ICD letter head confirming their engagement in the project.

CONTRACTING PARTY

The consultants told the court that when they submitted their invoices in the name of Multiple ICD, the firm never objected.

The professionals also tabled a letter reflecting a meeting between them and Multiple ICD’s manager, which the logistics company acknowledged. Further, the consulting team said the land upon which the project was being undertaken was registered in the name of Multiple ICD.

The judge ordered that Multiple Hauliers be joined in the case within 14 days from October 7.