Shipping Firm Dragged to Court Over Alleged Loss of Cargo
The Mediterranean Shipping Company Nigeria Limited has been dragged to the Federal High Court sitting in Lagos over allegations bordering on loss of cargo.
The shipping company was sued before Justice Friday Nkemakonam Ogazi along with Five Star Logistics Limited as the second defendant in the suit dated and filed on June 14, 2024.
In the Writ of Summons marked FHC/L/CS/1034/2024 filed by Emmanuel Ekpenyong, a Human and Constitutional lawyer of Fred-Young & Evans LP., Cargomark Investments and Logistics Limited and Sunrise Estate Development Limited are listed as 1st and 2nd plaintiffs.
They sought “a declaration that the 1st defendant as the disclosed agent of Mediterranean Shipping Company S.A, the owner of Vessel MSC CORCOVADO III, Voyage No. POD/Terminal NGTIN/5 in Bill of Lading No. MEDUJ5050698 is personally liable for the act, default, omission or commission of Mediterranean Shipping Company SA against the plaintiffs.
A declaration that the 1st defendant is liable for the default of Mediterranean Shipping Company SA to deliver Container Number: NONE0654928 containing Steel Security Fences covered by Bill of Lading No. MEDUJ5050698 to the plaintiffs since 19th June, 2023, the date of landing of its Vessel at Tincan, Lagos, Nigeria.
A declaration that the 2nd defendant, who has the duty to receive Container Number: NONE0654928 at its terminal upon its arrival at Tincan, Lagos, Nigeria and who received payment from the plaintiffs for its container Import Invoice has an obligation to ensure that the container is delivered to the plaintiffs.
An order for the 1st defendant to pay the plaintiffs the sum of US $ 84, 287. 90 (Eighty Four Thousand, Two Hundred and Eighty Seven United States Dollars and Ninety Pence) or the Naira equivalent at the parallel market rate at the date of liquidation of the sum as special and aggravated damages for loss of Container Number: NONE0654928.
An order for the 1st defendant to pay the plaintiffs the sum of N100 million as general damages for loss of Container Number: NONE0654928, dent on their business reputation, increase in operating cost of construction and breach of the contract under the Bill of Lading No. MEDUJ5050698.
