GAZETTE NOTICE NO. 12379

NOTICE is given under the Disposal of Uncollected Goods Act (Cap. 38) of the laws of Kenya, to Naraindra Sungkur, Lentourage Company Limited, P.O. Box 1907, Zanzibar and/thro’ Ashok Sungkur, Scenic Landscape Limited, Mauritius. We have been instructed by our client, Southern Engineering Company Limited to write to you and give you notice as we hereby do: That on or about 2015, details of which are well within your knowledge, you, entered into contractual relationship with our client, details of which are well within your knowledge, wherein our client carried out repairs on your vessel and/or schooner by the name “Mid- Summer Aiyana” official number Z.1234 of the port of Zanzibar, a pleasure craft, make and model Deutz, V6, Length 25.3 metres together with all its furnishings, fittings and equipment (hereinafter referred to as “the goods”). Our client having accepted the goods for repair, treatment or work on the terms, expressed or implied, that the goods will be re-delivered to you as the depositor when the repair, other treatment or work has been completed, and the repair, treatment or work having been completed you have, without prejudice to the amounts in dispute in any proceedings between you (or any of your representatives or assigns) and our client (or any of its representatives and/or assigns), become indebted to our client to the tune of US$ 157,574.59 (approx. Kes. 15,931,632.15) only. You have failed refused and/or neglected to settle and thereafter take delivery of the goods. As such, you are, without prejudice to the amounts in dispute in any proceedings between you (or any of your representatives or assigns) and our client (or any of its representatives and/or assigns), liable to pay the said amount in addition to our legal costs of USD 6,274.25 (approx. Kes. 634,335.53) only (exclusive of any taxes) and administrative costs of USD 1000 (approx. Kes. 101,114.33) only which includes the costs of giving this notice. TAKE NOTICE as follows: (a) Notice is given to you under the provisions of the Disposal of Uncollected Goods Act, Cap 38 of the laws of Kenya (the Act); (b) The name of the custodian is Southern Engineering Company Limited and its address is c/o Mbaraki Wharf, near likoni Ferry, Post Office Box Number 84162, Mombasa; (c) The particulars of the goods are as follows: the vessel and/or schooner by the name “Mid-Summer Aiyana” official number Z.1234 of the port of Zanzibar, a pleasure craft, make and model Deutz, V6, Length 25.3 metres together with all its furnishings, fittings and equipment; (d) The address where the goods are held is Mbaraki Wharf, near Likoni Ferry, Mombasa; (e) Notices to take delivery of undisposed goods under section 5 of the Act were delivered to you as follows: • Firstly, by a notice dated the 15th of November, 2017 (a copy of which is enclosed as N1); • Secondly, by a notice published in the Daily Nation newspaper published on the 26th of June, 2018 (a copy of which is enclosed as N2); and • Thirdly by a notice dated the 20th of August, 2018 (a copy of which is enclosed as N3). (f) Our client proposes to sell the goods by Friday, the 15th day of February 2019 or such sooner date as may be ordered by a court of competent jurisdiction; (g) Without prejudice to the amounts in dispute in any proceedings between you (or any of your representatives or assigns) and our client (or any of its representatives and/or assigns), that have existed, exist and/or are yet to exist, the sum due and owing from you at the date of this notice is USD 164,848.84 (approx. KSh. 16,668,527.72 made up as follows: • Without prejudice to the amounts in dispute in any proceedings between you (or any of your representatives or assigns) and our client (or any of its representatives and/or assigns), that have existed, exist and/or are yet to exist, US$ 157,574.59 (approx. KSh. 15,931,632.15) which amount is subject to increase due to daily berthing charges; • our legal costs of USD 6,274.25 (approx. KSh. 634,335.53) only (exclusive of any taxes); and • Administrative costs of USD 1000 (approx. KSh. 101,114.33) only which includes the costs of giving this notice. Take further notice that this notice and any other action taken in pursuance thereof is given and/or taken, totally without prejudice to any other legal recourse and/or remedy that our client may have against you and the said recourse and/or remedy shall be taken at your risk and peril as to damages, costs, expenses, fees and/or other attendant consequences thereof. OKELLO KINYANJUI & COMPANY, MR/5520218 Advocates for Southern Engineering Company Limited. THE KENYA GAZETTE 30th November, 2018 4228 4228