Texaco Overseas (Nig.) Petroleum Company Unlimited V. Pedmar Nigeria (2002)

LAWGLOBAL HUB Lead Judgment Report

A. O. EJIWUNMI, J.S.C. 

This action was commenced in the High Court of Lagos State by the plaintiff against the defendant with a writ of summons. By its amended statement of claim, the plaintiff’s claims are as follows:-

“(i) The sum of $66,780.00 being the amount due and payable to the plaintiff on invoice no. 5485D referred to in paragraph 4 of this statement of claim being money due and payable to the plaintiff on the chartering of its vehicle M. V. Coastal Carrier to the defendant during the month of May, 1995.

(ia) Interest thereon at the agreed rate of 100% per month from the 27th of June, 1995 till judgment and thereafter at the rate of 21% per annum till the said sum is finally liquidated.

(ii) The sum of $6.913.20 being the amount due and payable to the plaintiff on invoice no. 5484D referred to in paragraph 4 of this statement of claim being money due and payable to the plaintiff on the chartering of its vessel M. V. Brasil IV to the defendant during the month of April, 1995.

(iia) Interest thereon at the rate of 100% per month from the 29th of May, 1995 till judgment and thereafter at the rate of 21% per annum till the said sum is finally liquidated.

(iii) The sum of $69,824.16 being the amount due and payable to the plaintiff on invoice no. 5454D referred to in paragraph 4 of the statement of claim being money due and payable to the plaintiff on the chartering of its vessel M. V. Coastal Courier to the defendant during the month of April, 1995.

(iiia) Interest thereon at the agreed rate of 100% per month from the 1st of May, 1995 till judgment and thereafter at the rate of 21% per annum till the said sum is finally liquidated.

(iv) Costs of this action.”

The defendant by their statement of defence averred inter alia in paragraphs 3, 4, 5, 6, 7 and 8 thus:-

“Para. 3: The defendant admits paragraph 2 of the amended statement of claim to the extent that it is an incorporated company under the laws of the Federal Republic of Nigeria and that it is involved in the petroleum business but states that its liability is unlimited.

Para. 4: The defendant states in answer to the averment in paragraph 3 of the amended statement of claim that it indeed chartered certain vessels, namely, M. V. Brazil IV and M. V. Coastal Carrier at various times in 1995 and for various periods of charter.

Para. 5: The defendant states further to paragraph 4 that the total amount due on the various charters was the sum of $136,683.20 net of 5% Federal Government withholding tax deduction.

Para. 6: The defendant states that contrary to the averment in paragraph 5 of the amended statement of claim it neither refused nor neglected to pay the sums which fell due and payable in respect of the various charters, but did infact effect payment of the total sum due of $136,683.20 on 16th August, 1995 by bank transfer from its account to the account designated for payment by the vessel owners at Barclays Bank Plc., St. Heller, Jersey, Channel Islands.