Legal battle over Sh90 million grain contract adjourned to May 7

High Court in Nairobi adjourns Mombasa Maize Millers vs Bulkstream case to May 7. [File,Standard]

A commercial dispute between Mombasa Maize Millers and Grainbulk Handlers Limited, also known as Bulkstream, failed to proceed on Tuesday after both parties requested an adjournment.

High Court judge Florence Macharia allowed the postponement after Bulkstream’s lawyer said the only witness listed to testify had recently suffered a bereavement.

Mombasa Maize Millers’ lawyer also asked for a delay, citing illness.

“Your honour, we are seeking the adjournment as the witness listed for today may be unable to testify due to a recent loss in the family,” Bulkstream’s lawyer said in court.

Mombasa Maize Millers’ lawyer confirmed his colleague handling the case was unwell and agreed the matter be taken off the cause list.

The lawsuit, filed nearly six years ago, concerns an alleged breach of contract over grain supply valued at more than $703,000 (Sh90 million).

The case is now scheduled for a hearing on May 7.

Bulkstream operates the country’s main port-based bulk grain storage and handling facility at the Port of Mombasa.

 The sector has recently seen increased competition, including from Portside Freight Terminals.

This case is part of a broader pattern of disputes involving Bulkstream. In 2013 and 2014, a separate importer filed a lawsuit claiming irregularities in the sale of wheat shipped through Mombasa.

The earlier dispute involved contracts to purchase 38,500 metric tonnes of milling wheat, of which 29,500 metric tonnes were shipped into Kenya via two vessels.