Reprieve for Joho family in warehouse lease fight with KPA

Portside Freight Terminals Limited is asking the court to bar KPA from disrupting its operations until the arbitration process is finalised. [iStockphoto]

According to court records, Portside had suggested Simon Saili Malonza as the arbitrator and asked KPA to suggest its own arbitrator if it was not comfortable with Siali.

"On March 3, 2023, the defendant wrote to the plaintiff informing it to suspend the ongoing developments for the next 30 days as the lease at hand that culminated to this development is being reviewed. These proceedings are therefore purely for the grant of such interim measures as ordained by the law cited herein," stated Buti.

The judge heard that even after Portside wrote to KPA, the government parastatal has remained silent to date.

According to Buti, the arbitration process has begun and it is for KPA to avail itself before the arbitrator.

Court documents indicate that the warehouses are to handle tea cargo. KPA consented that Portside is free to sublease the warehouses to private tea cargo handlers. However, this would be after consulting each other.

Written notice

They also agreed that KPA would only terminate the lease by giving Portside three months' written notice. At the same time, Portside committed that it would not use the property for three months in the event there is war, civil commotion, unrest, or force majeure (an act of God).

The agreement was signed by the former KPA MD, the corporation secretary on one hand, while on the other Joho's brother Abubakar Joho and Salim Sadrl represented Portside.

The firm is asking the court to bar KPA from disrupting its operations until the arbitration process is finalised.