Court Orders Firm To Pay N60m To Agent

Justice Ebenezer Adebajo
of a Lagos High Court Igbosere has ordered a pharmaceutical firm, Nidiben Pharmaceutical Industries Limited, to pay a clearing agent, Mr. Raphael Okonkwo,  N60 million owed him since 2003 for clearing the company’s container load of 655 cartons of top crel at Contonou ports. Benin Republisc .
The firm had sited Okonkwo, claiming N51.4 million as general damages for the loss of its goods valued at N36.4 million that allegedly disappeared on April 25, 2003.
In suit no. LD /673/2006, the company (claimant), claimed interest on the N51.4 million at the rare of six percent per annum from May 2003 until determination of the indebted amount.
However, the defendant, who reportedly cleared 263 containers in his amended statement of defence dated May 15,2008, asked  the court to declare that the firm owed him N60 million.
The defendant, through his lawyer, Mr. A. Mpandiok, further asked the court to direct the claimant to pay six percent interest on the amount with effect from December 2003 till when the judgment debt is liquidated.
Justice Adebajo, while delivering judgment on the matter, dismissed the claimants claim, saying he is satisfied with the facts before him that the defendant delivered the one container load of 655 cartons from cotonou.
The evidence of the defendant, having been accepted as truthful and exhibit D, having been admitted and it’s evidential value not having been diminished,  it is obvious in my view that of the defendant has placed before the court credible material to entitle him to his counter claim. Judgment is hereby entered infavour the defendant, “Justice Adebajo ruled.
The judge declared that power of Attorney dated November 20, 2002, given by the claimant to the defendant was binding on both parties.
Justice Adebajo  declared further that the claimant was indebted to the defendant in the sum of N60 million.
It is hereby ordered that the claimant shall pay the defendant the sum of N60 million within  30 days of this Judgment.
The claimant shall pay six per cent interest on the Judgment sum from January 1, 2004 until the same is liquidated. Cost of this suit is awarded the defendant/Counter claim in the sum of N120.000 the judge said.
The case was first taken before an Igbosere magistrate court. The defendant had earlier reported the case to the Interpol section at A Lagbory but was arrested by men of the special Anti Robbery Squad (SARS) and charged on a Three Count charge of stealing a reo-feet container containing 655 cartons of top gel valued N36,400,000, property of Transpharm  Industries Limited.
Relying on the judgment of chief magistrate, charge of the case (suit NO. A 1SS/2004. Commissioner of Police V. Raphael Okonkwo) Justice Adebajo held that the findings of that court were never challenged on appeal nor was it impeached in this court.
I accept the finding of the magistrate court on the facts of the transactions as between the parties in the  charge he said.
It was gathered that the former counsel to the claimant S.Okolawale, now deceased commenced the suit with a  summons dated April 28, 2006 and appeared before Justice Adebajo on December 3, 2009. His death was announced at Later Proceedings by another lawyer, Biodun Onikosi, who took over the brief. Onikosi also died on December 23, 2013. During the trial, the firm’s Chief Executive. Chief Nicholas Onwumere told the court that the defendant had always been the firm’s clearing agent.
Onwumere, in his evidence –in-Chief, said his company imported products on behalf of other organisation, adding the claimant had in fact, imported well over 50 containers of  approval  MCA products and the defendant had always carried out the clearing of goods from Lagos and Cotonou ports for agreed valuable consideration and caused the goods to be delivered to Chief Reaphael Obi.
Under Cross- examination by the defence counsel, Onwumere said by a letter on March 28, 2003 he revoked the power of Attorney given to the defendant to enable him interact with police, customs  and NAFDAC Officials over faking of his products.