Shipping coy, MSC, dragged to court over alleged loss of cargo
By Seun Ibiyemi
The Mediterranean Shipping Company (MSC) 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 Ogazi alongside Five Star Logistics Limited as the 2nd 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.
“An order for the 1st defendant to pay the plaintiffs 10 per cent post judgement interest on the judgement sum from the date judgment is delivered till the date of final liquidation.”
In their joint statement of claim, the 1st plaintiff, a licensed forwarding and clearing agent and limited liability company, is the consignee while the 2nd plaintiff, a limited liability company in the real estate development business, is the notified party under the Bill of Lading No. MEDUJ5050698.
The 1st plaintiff’s Operating Manager, Mr Amos Duru, in his written statement on oath, stated that the 1st defendant is the Nigerian subsidiary of Mediterranean Shipping Company SA, a global container shipping and logistics Company.
He said by a Bill of Lading Number: MEDUJ5050698, the plaintiffs entered into a contract with Mediterranean Shipping Company SA (“the Carrier”) and the 1st defendant for shipment of the container from Cape Town, South Africa to Tincan, Apapa in Lagos, on May 26, 2023 with the scheduled arrival date of June 19, 2023.
“The 2nd plaintiff required the Steel Security Fences around the period of the scheduled date of landing to urgently complete some real estate construction in line with the timeline in its contract with its clients.
“After the scheduled date of landing, the 1st plaintiff’s representatives visited the 2nd defendant’s port gate at Tincan, Apapa where the container was to be disembarked from the Carrier’s Vessel MSC CORCOVADO III, Voyage No. ZA319A, POD/Terminal NGTIN/5 Star (“the Vessel”), to effect necessary payments, identify the container and claim the same.”
Duru alleged that the plaintiffs paid the sum of N437, 671. 23 through the 2nd defendant to clear the container.
He, however, said that after several months in search of the container at the landing port, it was not found.
“Despite a series of correspondences between the plaintiffs’ representatives and that of Mediterranean Shipping Company SA and the 1st defendant to locate the container, the container was not still found,” he added.
The matter has been fixed for Jan. 23, 2025 to enable the defendants file their defence to the plaintiffs’ claim.
