Auction Palaver: Company Drags Customs To Court

In a bid to reclaim its goods wrongly auctioned by the Nigerian Customs, a limited liability company, Curem Global Services Limited, has renewed its legal battle against Nigerian Customs Service board and a shipping company, Maersk Nigeria Limited.

In a witness statement on oath sworn to by the Managing Director of Curem Global Services Limited, Mr. Remmy Mbakwe, the deponent averred that between June and October 2008 his company imported three containers of roofing nails, common wire nails and nylon nettings from China. The said containers were landed and discharged into the Maersk Shipping Terminal and custody on 21 October, 2008.

Curen Global Services company completed payment for the three containers and eventually took delivery of the original bill of lading, commercial invoice and packing while the cost and freight of the three containers were put at $103,110.

The company through his clearing agents submitted all necessary documents for the clearing of the three containers to the Nigerian Custom Service officials.

The plaintiff having satisfied all the formalities and all payment to Maersk Shipping Line, the company issued loading order/terminal delivery order to the plaintiff. Consequently, the agents and officials of the plaintiff moved to take delivery of the three containers but discovered to their chagrin that only one container could be found and that the other two containers were not at the terminal.

It was later discovered that the two containers had been auctioned at a negligible cost of N210,000 while Maersk Line also collected a negligible amount of N225,000 from the said buyers.

The plaintiff contended that Nigeria Custom authorised the containers to be released on 4 May, 2009 and received loading order on 14 May, 2009 but the two containers were removed on 9 and 12 May, 2009 respectively. Consequently, the plaintiff alleged that the sale of the containers was occasioned by the negligence of Maersk company and Nigeria Customs.

The plaintiff is claiming the sum of N12 million against the defendant as special damages for breach of contract and negligence plus interest at the rate of 21 percent per annum and N1 million as cost of litigation.