BY SAM ALFAN.
A businesswoman has moved to court seeking to be paid Sh49.7 million by a supplier over the failure to deliver 300 tonnes of the sugar.
Akish Investment ltd wants to be refunded Sh30.4 million, which she paid for the consignment of sugar plus Sh19,251,654 for loss of business and profit.
The company says it was carrying the business of supplying usable and consumable goods while Primepile Logistics ltd and Issadin Gabane Mohamed were its main supplier, having a long standing business relationship.
On December 9, 2021 the company alleges that it ordered for 300 tons of sugar at the cost of Sh30 million which was to be collected at the Primepile Logistics ltd at palm oils transporters along Kingangombe Road.
The company’s managing director Jacqueline Akinyi argues that soon after raised some invoices which amount to Sh. 30,450,000.
“In earnest to honour the said invoices, the Plaintiff made two separate but consecutive payment on January 22, 2022 one for Sh. 15,600,000 and Sh.14,850,000 respectively,” Akinyi said.
The company says in court documents that Mohamed was involved in either his own capacity or as an agent of the Primepile Logistics ltd and the two breached the agreement by failing to deliver the ordered quantity (300 tons) of the sugar and still retained all the money paid.
Court papers said two clients (Sendy Store Ltd & Paleah Stores Ltd) later ordered 150 tons of sugar each. This would have seen Akish make a profit of Sh.19,251,564 in this transaction.
“As a result the blatant breach by the Defendants the Plaintiff has suffered huge financial loss, damages and loss of business and profits and potential civil suit by its two main clients due to the Defendants’ breach of contract by refusal to deliver the goods and services to the Plaintiff,” adds Akish.
Akinyi says the supplier companies breached the contract by failing to deliver the goods and services due to her company, hoodwinking and purporting to be trading in sugar business.
She further accuses the two of obtaining money from her company and failing to deliver the goods and services, ignoring her calls and emails communication and defrauding her.
She adds that despite demand and notice of intention to sue being issued, Primepile Logistics ltd and Mohamed have failed, refused, ignored or neglected to make good the debt thus rendering this claim necessary.
She reported the matter to Directorate of Criminal Investigations (DCI).
According to charge sheet which has not been registered in court due to the ongoing supremacy battle between the DCI and DPP and who to draft the charge, Mohammed and his company Primepile Logistics ltd are going to face charge of obtaining money with false pretense.
The charge sheet states that, between January 23 and 25 this year Primepile Logistics ltd and Gabane with intent to defraud obtained Sh30,450,000 from Jacqueline Akinyi by falsely pretending that he was in position to supply her with 6000×50 kilograms of sugar a fact he knew to be false.
Gabane is currently out on a police cash bail of Sh 500,000 pending his arraignment in court to plead to the charge.
According to sources from Directorate of Criminal Investigations, Gabane was supposed to be charged on July 1 but plea was differed to July 12 after DPP declined to approve the charges.
On July 12 the charges were yet to be approved investigators were forced to extend the cash bail to July 19. The cash bail was extended to July 26 with awaiting approvals of the charges by the DPP.
