Shippers’ Council wins again, as Appeal Court upholds Federal High Court judgment on Storage Charges

·         Orders Terminal Operators to account for Storage Charges illegally collected

The Lagos Division of Court of Appeal has dismissed the appeal brought by a group of Nigerian terminal operators challenging an earlier Federal High Court judgment which directed the Appellants to account for all progressive storage charges illegally collected by them.

Amongst other things, the appellants challenged the status of Notice No. NSC/LN-TO/2014/001 issued by the Nigerian Shippers’ council compelling them to revert to the 7 days free storage period and rates in line with the Minister of Transport’s directive

In her judgment which was delivered by 4:25pm on 16th January 2018, Uwa JCA who presided over the appeal held that the lower court (Federal High Court) was right when it held that the reliefs sought by the appellants at the trial court were hypothetical and inconsistent with the questions put forward by them for determination. The court also upheld the lower court’s decision permitting the respondents to file a counterclaim to the appellants originating summons holding that the procedure adopted was proper.

The court thus dismissed the appeal and ordered the appellants to account for all progressive storage charges illegally collected to the Nigerian Shippers' Council as earlier held by the Federal High Court.

 

 

Source: 
M&P Nigeria