Justice Adamu Turaki Mohammed of the Federal High Court sitting in Port-Harcourt, Rivers State judicial division, has ordered the arrest of 440 cargo of 150, 000 metric tones of Crude Oil, onboard MT Tamara Tokoni with IMO No. 8302131, currently located at OML 120 Western Niger Delta within the Territorial Waters of Nigeria, over alleged unpaid $1. 647, 975 million USD, being the hire sum due.
The judge made the order while granting an exparte motion marked FHC/PH/CS/287/2024, filed by ThankGod Nwugha Esq, on behalf of the plaintiff, Trisac Limited; those affected by the order are; General Hydrocarbons Limited and Vitol Energy Limited.
Justice Mohammed after perusing all the processes filed, ruled that “an order is hereby made directing the admiralty marshal with the assistance of Nigerian Navy, and the Harbour Master of Nigerian Ports Authority to arrest and detain the Cargo of 150,000 Barrels of Crude Oil herein sued as 1st defendant/respondent and currently on-board MT Tamara Tokoni IMO: No. 8302131 currently lying being and situate at Western Niger Delta OML 120 Offshore Nigeria or any other location within the territorial waters of Nigeria and Jurisdiction of this Honourable Court, be arrested and remain under arrest pending further orders or further directions of this Honourable Court.
“An order is hereby made directing that the Cargo of 150,000 barrels of crude oil herein sued as 1st defendant/respondent and currently on board MT Tamara Tokoni IMO 83o2131 currently lying being and lying and situate at Wester Niger Delta OML 120 offshore Nigeria of any other location within the territorial water of Nigeria and the jurisdiction of this Honourable Court be released from arrest only upon the payment of all sums claimed in the wnt of summons into Court or pending the provision of an acceptable Bank Guarantee to the Deputy Chief Registrar of the Honourable Court, in the sum of;
“A total sum of USD 1,647,975 million USD, only being unpaid Hire sum due to the Plaintiff from the 2nd defendant for the Hire of the Plaintiff’s Ships: MV Donny & MV Ocean Merit for Provision of Security Surveillances and offshore support services at the 2nd Defendant’s OML 120 located at Western Delta within the territorial waters of Nigeria.
“The sum of $60, 000.00 USD, Costs of redelivery of vessel from to Port Harcourt from Western Nigeria Delta offshore Nigeria to Port Harcourt.
“The sum of $50,000 USD, on the footing of General damages. To be issued by First Bank of Nigeria Plc, Zenith Bank Plc., United Bank for Africa Plc or any other First Class Nigerian Bank acceptable to the applicant,” the court ruled.
Speaking on the Court order, counsel to the plaintiff, ThankGod Nwugha Esq, in Lagos at the weekend, warned all those affected by the order to comply in their interests.
The matter has been adjourned to January 20, 2025, for further hearing.
In the substantive suit, the plaintiff claims “that by a Time-Charter party entered into between the plaintiff and the 2nd defendant which took effect on the 26/09/2023 and was further extended with an addendum on 18/12/2023, 26/01/2024 and 08/04/2024 respectively.
“Pursuant to the said Charter party, the plaintiff deployed its vessels: MV Donny, MV Ocean Merit, and MV Miss Wealth for the purpose of security surveillance, pilotage and salvage operations, and sundry offshore support services in aid of the exploration and production of the 1st defendant by the 2nd defendant, which 1st defendant received, stored and managed as described in paragraph 3 above.
“The plaintiff pleads and shall rely on copy of the Charter Party, together with the addendum, which constitutes the legal framework of its relationship with the 2nd defendant at trial”.
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