JUDGMENT OF THE COURT
1. The appellant filed an admiralty claim in the High Court of Kenya at Mombasa. The claim was against the Owners of Motor Vessel “Nasibu”, a ship, (M/V Nasibu).
2. The appellant stated that he hired M/V Nasibu to transport some cargo from the Port of Kismayu, Somalia, to Mombasa; that enroute the motor vessel developed mechanical problems; that the crew members were arrested and charged at Kilifi Senior Resident Magistrates’ Court for being in Kenya illegally but were later released; that he provided petty cash to the captain of the vessel to cater for legal costs, including cash bail to secure the release of the vessel and the crew; that he supplied food to the captain and the ship’s fuel and spare parts, all totaling to Kshs.722,000/ which he claimed against the respondent.
3. The respondent denied the appellant’s claim in its entirety. By way of a counterclaim, the respondent stated that the appellant caused an unlawful arrest of M/V Nasibu and as a result the r…