By Jude-Ken Ojinnaka
Justice Chukwujekwu Aneke of a Federal High Court sitting in Lagos has granted an order discharging the warrant of arrest issued by the court, arresting and detaining a Vessel “MT FLOMAR” (1st defendant /respondent) in the custody of the Admiralty Marshal.
The Judge also granted an order releasing the Vessel “MT FLOMAR” from the detention of the Admiralty Marshal.
Justice Aneke granted the order as prayed in his ruling on Suit No. FHC/L/CS/1476/2023 between Twinstomp Energy Ltd; Tosin Kolawole (as Plaintiffs), And The ‘MT FLOMAR’ ; Florence Petroleum Ltd; Obi Okechukwu Henry (as Defendants), And Kamsteel Integrated Company Ltd (as Interested Party/Applicant).
The ruling was on the strength of the Motion on Notice filed by the Interested Party/Applicant to the suit seeking to discharge the warrant of arrest and detention of Vessel MT FLOMAR which was arrested and detained by court order at the instance of the plaintiffs.
Kamsteel Integrated Company Ltd (interested party/applicant) had on September 14, 2023, filed a Motion on Notice in which it sought the following reliefs:
“An Order of the Honourable Court discharging the warrant of arrest issued by this Honourable Court, arresting and detaining the 1st defendant/respondent ‘MT FLOMAR ‘ in the custody of the Admiralty Marshal”
“An Order of the Honourable Court releasing the 1st defendant/respondent ‘MT FLOMAR’ from the detention of the Admiralty Marshal”
“An Order of the Honourable Court awarding the sum of N20,000,000 (Twenty Million Naira) against the Plaintiffs/respondents and in favour of the Applicant as damages for the unlawful arrest of the 1st defendant/respondent”
“And for such further Order(s) as the Honourable Court may deem fit to make in the circumstances of this application ”
The Motion on Notice was supported by a 26- paragraph affidavit sworn to by one Maurice Ozoemena, a staff of the applicant. Five (5) exhibits were attached.
The applicant also filed a written address dated September 14, 2023 in support of its Motion on Notice in which it framed one question for determination to wit: “Whether from the facts and circumstances of this case, the applicant is entitled to the reliefs sought?”
On October 6, 2023, the Plaintiffs filed a counter affidavit of 30 paragraphs to the Applicant’s/Interested Party Motion on Notice, through one Tosin Kolawole (2nd Plaintiff). There was no exhibit attached.
On same day, the Plaintiffs filed a written address dated October 6, 2023 in which it framed only one issue for determination to wit: “Whether the Applicant’s application discloses any entitlement to the reliefs being sought?”
Having carefully gone through the processes filed and submissions made by parties, the presiding judge in his opinion raised three questions/issues to be answered in order to determine the Applicant’s/interested party application.
The three issues are: “Whether the Applicant/party interested in this suit is the owner of the 1st defendant at the time the plaintiffs filed this suit?; whether the plaintiffs unreasonably or without good cause obtained the arrest of the 1st defendant?; whether from the facts and circumstances of this case, the applicant is entitled to the reliefs sought?
On first issue, the court noted paragraph 8 of the affidavit deposed by the Applicant/interested party that it paid sum of N300,000,000 to Florence Petroleum Ltd for the purchase of the Vessel.
The court also noted that the Plaintiffs response to the depositions of Applicant/ interested party is that the said Agreement referred to in paragraph 8 of the affidavit dated 4-9-2023 was concocted.
The Plaintiffs did not offer any other evidence to contradict the said Agreement.
Ruling on the first issue, Justice Aneke said, “I hold that the Applicant/Party Interested has proved that at the time this suit was brought, it is the owner of the 1st defendant”.
On the second issue, the court noted paragraphs 14 and 15 of the Plaintiff’s affidavit.
It was also noted that Kamsteel Integrated Company Ltd did not deny paragraph 15 of the Plaintiff’s counter affidavit that the plaintiffs tried reaching the 2nd and 3rd defendants , but all their efforts were in vain.
“From the affidavit evidence before this court, there is no how the plaintiffs could have known about the sale and purchase agreement of the 1st defendant when Florence Petroleum Ltd and Kamsteel Integrated Company Ltd are the only ones in custody of the said Agreement which was not registered anywhere ”
” I therefore hold that the Plaintiff’s did not cause the arrest of the 1st defendant unreasonably or without good cause ”
“Consequently, I hold that the Plaintiffs had good reason and good cause to apply for the arrest of the 1st defendant ” the judge held.
On the third issue, Justice Aneke said that he has already held that the plaintiff’s application for the arrest of the 1st defendant was not unreasonable and that the plaintiffs had good cause to arrest the Vessel.
Nonetheless, the Applicant/Party Interested did not say how the arrest affected its business objectives and caused it damages or loss.
The judge said, “For this reason and other reasons given above, I hold that the Applicant/ Party Interested is not entitled to any damages ”
“Finally , I grant to the Applicant/ Party Interested reliefs 1and 2 prayed for in its Motion on Notice dated 14-9-2023 and filed same date. Relief No 3 is dismissed”
“For the avoidance of doubt, I grant:
An Order discharging the warrant of arrest issued by this Honourable Court, arresting and detaining the 1st defendant/ respondent ‘MT FLOMAR ‘ in the custody of the Admiralty Marshal.
An Order releasing the 1st defendant/respondent ‘MT FLOMAR ‘ from the detention of the Admiralty Marshal.
I make no order as to costs ” the judge ruled.
