A Federal High Court sitting in Lagos has dismissed a breach of contract suit filed by a businessman, Jovison Chukwuogu, against a shipping firm, M.V. Maersk Eindhoven and four others, for the loss of his imported goods valued at N14m.
Justice Nicholas Oweibo cleared MV Maersk Eindhoven of the claims following defence counsel Oluwatomi Taiwo’s opposition to the claimant’s originating summons.
M.V. Maersk Eindhoven, its Nigeria sister company, Maersk Nigeria Limited (Trading as Maerskline); Con-Truck Logistic GmbH and UGO-M Commercial Ventures Limited were listed as second to fifth defendants in the suit.
Chukwuogu, trading under the name Jovison Chukwuogu Ventures, made the claim in his amended statements of claim in the suit marked FHC/L/CS/486/2013.
He averred during examination by his lawyer, H. O Ndubuisi, that he travelled to Germany and other parts of Europe in November 2011, and bought different vehicle spare parts valued N14m which he loaded into a full 20 feet container.
He told the court that he took the Bill of Lading to his clearing agent for processing in anticipation of the arrival of the container and paid N500, 000, for that purpose.
He stated that his container did not arrive as anticipated.
He also sought an “order of the sum of N5m, in his favour against the defendants as general damages and cost of this action.”
The defendants through Oluwatomi Taiwo prayed the court to dismiss the suit without any cost, for frivolity.
Upholding her argument, Justice Oweibo held thus, “It is not in dispute that the goods did not arrive at Tin Can Island Port. It is also not in dispute that the goods did not arrive with the vessel because they were confiscated by the Swedish government in collaboration with the Government of Holland at Rotterdam on December 20, 2011. So what is the liability of the defendants?
“It is in evidence that the goods were declared to be waste and the necessary pre-shipment approvals were not obtained. The fourth and fifth defendants said that the Swedish authorities made several attempts to contact the seller to provide the necessary documents but all attempts proved abortive.”
