Akin Kuponiyi
An admiralty lawyer Barrister Nelson Otaji who is a counsel to a limited liability company EBENCO GLOBAL LINK LIMITED has raised concern and complained to a Federal High Court sitting in Warri, Delta State, as to how Nigerian Police are meddling in the affairs of a vessel arrested by the order of the court subject to a claim of $1,102,950 USD.
The Police have sent invitation to the Managing Director of EBENCO GLOBAL LINK COMPANY, OLUWAGBEMIGA EBENEZER for interview,while trying to move away the vessel out of the jurisdiction of the court to unknown destination, under the guise of investigation in a civil matter pending before a court of competent jurisdiction.
In a bid to claim the sum of $1,120,950, owed and due to Ebenco Global Link company, the company dragged Vessel THE MT. THOR and three other companies, namely NUJENIX CORP., SUB SEA 9 OCEAN SERVICES LTD and AMPLIAR RESOURCES LIMITED before the court as first to fourth defendants respectively.
Sequel to the affidavit in support of the motion exparte deposed to by Chimika Monday, the operation manager of Ebenco Global Link Ltd, after hearing D.E. Amughen Esq for the Plaintiff, the presiding Judge, Justice H.Nganjiwa ordered, “That the vessel MT. THOR lying at Ebenco jetty, Koko, Delta State or any other place within the jurisdiction of the Court should be arrested and detained pending the determination of this suit.
“That the arrest is to secure the plaintiff’s claim before the court for the sum of $1,102,950USD (One Million One
Hundred and two thousand, Nine Hundred & Fifty US Dollars)) being the outstanding berthage due and owed by the defendants particularly the berthing and anchorage of the vessel.
“That the said vessel shall be released only upon the defendants providing a bank guaranty to the plaintiff to the sum of $1,102,9SOUSD (One Million One Hundred and Two Thousand, Nine Hundred & Fifty US Dollars), covering the plaintiff’s claim before the court.”
Consequently, the Police intervention in the matter before the court for adjudication is now becoming worrisome.
In a statement of claim filed before a Federal High Court sitting in Warri, Delta State by Barrister Nelson Otaji, Ebenco Global Link Limited states that the 2nd defendant is the beneficiary and or registered owners of the vessel MT. THOR and all four defendants are jointly and severally liable to pay the berthing dues per day to the plaintiff for the monitoring and berthing of the vessel MT. THOR at Ebenco Jetty Koko, Delta State.
The plaintiff states that there is due and owing in respect of the said period (27 November 2022 – April 2024) berthage dues and charges in the sum of $1,102,.950. USD (One Million, One Hundred and Two Thousand, Nine Hundred and Fifty US Dollars) in accordance with the plaintiff invoices sent to the defendants as at the close of business on 30th April 2024.
The plaintiff states that the defendants have failed and or refused to pay the said sum or any part thereof despite its solicitor Nelson Otan & Associates’ demand letter dated 2nd May 2024.
The plaintiff claims that the defendants’ failure and or default has occasioned hardship, and it thus caused him damages.
The plaintiff claims interest at the rate of 21% pursuant to Section 2(3}(u} of the Admiralty Jurisdiction Act from 30 November 2022 until judgment or sooner payment of the entire claim.
The plaintiff’s claims against the defendants jointly and severally are as follows:
The sum of $1,102,950USD (One Million, One Hundred and Two Thousand, Nine Hundred and Fifty US Dollars) being the outstanding berthage dues or charges that are due and or owed by the defendants, particularly on the berthing or anchorage of MT. THOR at Ebenco Jetty, Koko, Delta State.
An order granting the plaintiff possessory lien over the MT. THOR lying at Ebenco Jetty, Koko, Delta State pending the payment of the sum of $1,102,950USD (One Million, One Hundred and Two Thousand, Nine Hundred and Fifty US Dollars) being the outstanding berthage dues or charges that are due and or owed by the defendant as at the close of business on 30th April 2024 and or any other subsequent prorated berthing dues or charges until judgment.
However, the defendants while denying almost all the averments of the plaintiff is counter claiming in the sum of N20 million (Twenty Million Naira).
The defendants contend that this action is incompetent and/or discloses no reasonable cause of action against the defendants and is liable to be struck out against them.
In further response, the purported monitoring and berthing of the MT. THOR at the plaintiff’s jetty could have been an arrangement between the plaintiff and the 4th defendant, AMPLIAR RESOURCES LIMITED, to which the defendants were not a party.
The defendants deny owing the plaintiff the sums mentioned in the statement of claim or any other amount as berthage dues and charges and or any other purpose as the defendants were never privy to any arrangement from which the purported dues and charges could have arisen.
The defendants/counter claimants hired the services of the law firm of FBI Legal to defend the plaintiff/counter defendant’s suit thereby incurring much expenses running into millions of Naira.
The counter claimants hereby counterclaim against the plaintiff, an order directing the plaintiff to pay the counter claimants the sun of N20, 000, 000 (Twenty Million Naira) as damages and cost of defending the plaintiff suit.
Source; PM News