By Francesca Hangeior
A Federal High Court sitting in Lagos has fixed April 9, 2025, for the definite hearing of a suit filed against Mediterranean Shipping Company Nigeria Limited over allegations of cargo loss.
Justice Friday Nkemakonam Ogazi fixed the date after counsel to the plaintiffs, Oluwole Awe, who held brief for Emmanuel Ekpenyong, withdrew their application for default judgment, while counsel for the defendants moved an application to regularise their statements of defence.
The judge adjourned the matter to April 9 and 10, 2025, for a hearing.
Five Star Logistics Limited, a terminal operator at Tin Can Island, Lagos, Nigeria, was also joined as the 2nd defendant in the writ of summons.
In the suit marked FHC/L/CS/1034/2024, filed on June 14, 2024, by human rights and constitutional lawyer Emmanuel Ekpenyong of Fred-Young & Evans LP, Cargomark Investments and Logistics Limited and Sunrise Estate Development Limited are listed as the 1st and 2nd plaintiffs, respectively.
The plaintiffs seek several declarations and orders, including: “That the 1st defendant, as the disclosed agent of Mediterranean Shipping Company S.A., is personally liable for any acts, omissions, or defaults in delivering Container Number NONE0654928.
“That the 1st defendant is liable for failing to deliver the container containing steel security fences covered by Bill of Lading No. MEDUJ5050698.
“That the 2nd defendant, responsible for receiving the container at its terminal, failed in its obligation to ensure delivery to the plaintiffs.
“The plaintiffs also demand the sum of $84,287.90 (or its naira equivalent) as special and aggravated damages for the loss of the container.
“₦100 million in general damages for business reputation damage, increased operational costs, and breach of contract.
“10% post-judgment interest on the sum until final liquidation.”
In their joint statement of claim, the 1st plaintiff, a licensed forwarding and clearing agent, is the consignee, while the 2nd plaintiff, a real estate development company, is the notify party under the Bill of Lading.
The 1st plaintiff’s Operating Manager, Mr Amos Duru, in his statement on oath, explained that the container was shipped from Cape Town, South Africa, to Tin Can, Apapa, Lagos, arriving on June 19, 2023. Despite payments made for clearance, the container was not found after several months of searching.
The defendants denied the allegations in their separate statements of defence.
Counsel for Mediterranean Shipping Company, Emmanuel Achukwu, (SAN), argued that the company was not liable as the Bill of Lading contract was entered into by its principal, not the 1st defendant. He stated that the container was discharged and delivered to Five Star Logistics Limited.
Similarly, Five Star Logistics Limited, represented by Ame Ogie, denied responsibility for the cargo loss, arguing that no evidence was provided to prove the container was discharged into its custody.
The plaintiffs, in their replies, maintained that both defendants failed in their obligations under the Bill of Lading and should compensate them for the missing container.
Justice Ogazi has fixed April 9 and 10, 2025, for hearing.