(SINL NIGERIA) A logistics company, Martreach Logistics Limited, has urged the Court of Appeal to dismissed the appeal filled by Shell Nigeria Exploration and Production Company Limited.
The News Agency of Nigeria (NAN) reports that the appeal bordered on the alleged N64 billion breach of contract suit for the provision of stevedoring services at Bonga on/off shore terminal.
In the appeal marked: CA/A/621/2023, Shell Nigeria Exploration and Production Company Limited is challenging the ruling of Justice Asmau Akanbi of an Abuja High Court that dismissed its preliminary objections against the suit for lacking in merit.
NAN recalls that Justice Akambi, in his ruling delivered on May 4, 2023, held that his court was clothed with the requisite jurisdiction to entertain the case.
He further ruled that contrary to the position of the applicant, the claimant’s suit had disclosed cause of action and was competently instituted at the court.
Dissatisfied with the ruling of the trial court, the appellant, through its counsel, Abiodun Layonu, SAN, approached the Court of Appeal, seeking an order setting aside the interlocutory ruling.
But responding to the appeal, MartReach Logistics Limited, through its counsel, Onyenka Osigwe, urged the appellate court to dismiss the appeal and uphold the ruling of the trial court.
Meanwhile, at the last adjourned date, the appellate court ordered that hearing notices be served on the 2nd and 3rd respondents; the Nigeria Ports Authority (NPA) and the Attorney-General of the Federation (AGF) who were not in court.
The three-member panel of the Court of Appeal led by Justice D. Kalo, adjourned the appeal to November 13, 2024 for hearing.
In the suit marked FCT/CV/408/2019, the claimant, MartReach Logistics Limited, had sought an order compelling the SPDC Limited and Shell Nigeria Exploration and Production Company Limited to grant it access to carry out the contract awarded to it by the Minister of Transport vide a letter number:T.1700/S.4/11/324.
The minister, through the letter dated Nov. 27, 2012, awarded the contract to the.form as a dock labour employer for the provision of stevedoring services at Bonga on/off shore terminal operated by Shell Production Development Company Limited.
Other defendants listed in the suit are the NPA.and the AGF.
The claimant also prayed for an order of specific performance compelling SPDC Limited and Shell Nigeria Exploration and Production Company Limited to execute a tripartite agreement with the claimant as directed in the 2nd defendant letter with reference no: HQ/ED/M&O/OP/390 dated Aug. 16, 2013, among others.
