JUSTCE Ibrahim Auta of the Federal High Court, Lagos has ordered Majala International(GH)Limited(1st defendant) owners of a vessel ‘MT Cape Georjean’ to release the vessel and allow Deepsea International Limited(plaintiff), a shipping firm, the use of the vessel for 12 months as per the terms of contract entered between them.
Justice Auta made the order in the judgement he delivered on suit No FHC/L/CS/65/06 in which Deepsea International Limited instituted an action against  Vessel MT Cape Georjean, Majala International (GH) Limited, West African Coast Lines Limited and the Inspector-General of Police(IGP) as 1st, 2nd, 3rd and 4th defendants in the suit.
In addition to the order, the judge awarded the sum of N25, 000 as cost to the plaintiff against the defendants.
In the suit filed by the plaintiff through Ademola Omolola, its Managing director, he sought for a declaration that he is entitled to possession of MT Cape Georjean as a demise charterer of the vessel under an agreement dated July 25, 2003 or in the alternative, has a possessory lien over the vessel.
The plaintiff further prayed the court to restrain the defendants, their servants, agents, privies or otherwise howsoever from interfering in any manner whatsoever with the possession of the vessel by the plaintiff until he has used the vessel for a period of  12 months under the agreement entered by the parties. The plaintiff also asked for the cost of executing the suit.
Reviewing the submissions of counsel while reading the judgement, four issues identified for determination are whether there is a demise charter party or time charter party between the plaintiff and Majala International Limited(2nd defendant); whether the plea of ‘non est factum’ can be raised against the agreement dated July 26, 2003; whether the defendant is entitled to claim for special damages and whether the plaintiff or the second defendant breached the terms of contract as entered by the parties.
The court noted that from evidence before it, it is not in doubt that two agreements were executed by the parties, adding that they are time charter agreement.
The court pointed out that the evidence of the defendant witness tallied with the evidence of plaintiff witness who said that he paid the crew salaries and provisions which amount to N825,000. Both parties agreed that the agreement is a time charter, meaning that freight can only be paid when it is working.
Justice Auta held that with the evidence before the court, the defendants cannot deny the fact that they entered in a charter party agreement with the plaintiff and have collected monies from him.
Mr David Logan(DW1) who resides in London, United Kingdom and claimed to be the owner of the vessel in dispute, denied signing the agreement, claiming that somebody was forced to sign on his behalf.
The court faulted the claim, declaring that he failed to bring the person to court to testify. It was posited that if he (David) can come all the way from Ghana to testify, a person resident in Nigeria can easily come to court and testify to that effect.
The court held that the failure to produce the witness is fatal to the case of the defendant, stressing that it took the defendant over one year to file his statement of defence. The judge held that the terms of contract as given in evidence is very clear, ruling that the plaintiff is entitling to the use of the ship for 12 months. It was pointed out that the defendant witness is not a witness of truth or he does not know anything about the case.
On the issue of whether the plaintiff deceived or fraudulently got the ship arrested, is not tenable as there is evidence that he (plaintiff) paid for the use of the ship and was not allowed to use her.
Justice Auta noted that during the pendency of the case, the defendant attempted to dispose of the vessel or take it outside the jurisdiction of the court, positing that by the attempted action, the defendant intended to undermine the court or any judgement that the court might deliver.
“These points the judge declared. “The court therefore enters judgement to the plaintiff as per his statement of claim” he concluded.
EFCC Docks Housewife, Others over Cheque Scam
THE Economic and Financial Crimes Commission, (EFCC), has docked a housewife, hairdresser and a graduate on an 88 count charge bordering on illegal possession of travelers’ cheques and forgery. The suspects, who are Kelechi Ikwuwunna, Adenike Modinatu Lawal, and Obasi Hope Adanna, were arraigned before Justice Ramat Mohammed of the Federal High Court, Ikoyi, Lagos.  The arraignment of the suspects followed their arrest at Seme Border, Benin Republic over illegal possession of 166 pieces of Thomas Cook Travelers’ cheques in 100 Euro bill and 49 pieces of American Express Travelers’ cheques also in 100 Euro bill.
Mrs Ikwuwunna, the prime suspect and leader of the group who hails from Imo State is a housewife and mobilizer of the group. In her confessional statement made to the EFCC, she admitted sponsoring Lawal and Adama to Abidjan, Cote D’voire where they were supposed to have changed the traveler’s cheques to CFA.  Luck however ran out on them when banks in the French speaking country refused to effect the change. In frustration, they made to return to Nigeria through Seme Border where they were arrested by men and officers of the National Drug Law Enforcement Agency,(NDLEA). The suspects were later handed over to the EFCC for prosecution.
Lawal, 27, hairdresser, hails from Ogun state. She said she was introduced to the “business” by Ikwuwunna who assured her that it was a lucrative business. A South-African international passport number A22684244 bearing Samora Simbiat Winnie but with Lawal’s photograph was found on her. Also Adanna, 27, a graduate and indigene of Enugu, Enugu state, confessed that she was also introduced to the business by Ikwuwunna.
Justice Mohammed had adjourned the case till October 28, 2009 for trial and ordered that the suspects be remanded in Kirikiri prisons.