An Appeal Court sitting in Lagos has adjourned for hearing the lingering case between the Nigeria Shippers’ Council and the Shippers Association of Lagos State (SALS) against Seaports Terminal Operators Association of Nigeria (STOAN) and Association of Shipping Lines Agencies (ASLA) over charges at the seaports in the country.
An Appeal Court sitting in Lagos has adjourned for hearing the lingering case between the Nigeria Shippers’ Council and the Shippers Association of Lagos State (SALS) against Seaports Terminal Operators Association of Nigeria (STOAN) and Association of Shipping Lines Agencies (ASLA) over charges at the seaports in the country.
A Federal High Court in Ikoyi, Lagos had in December 2014, ruled in favour of the port economic regulator; the Nigeria Shippers’ Council and affirmed the legality of the Council’s position in price regulation and also instructed the concessionaires to revert to the poert charges that were approved in1999, but the terminal operators filed fresh charges on stay of execution at the Court of Appeal .
When it came up for hearing yesterday, the case was however adjourned by the Court to June 18, in order to enable all parties to document their briefs properly.
The court also nullified the application of ASLA new counsel; Mr. Babajide Koku (SAN) because his applications were served the respondent only yesterday morning.
The Judges however maintained that the case will be addressed on the new date.
Koku is the other counsel that has been hired by the shipping lines to join forces with their first counsel; Mr. Chidi Ilogu (SAN).
The appellants had filed an appeal, asking for stay of execution and restrain the Nigeria Shippers’ Council from enforcing the December 2104 ruling of the Federal High Court.
Guided by the Appeal Court yesterday, all the lawyers involved in suit agreed that the case should be given accelerated hearing in all the applications.
The case involving STOAN and the Shippers’ Council has three applications, while that of shipping lines against the same Council has four applications.
Council to SALS, Barrister Osuala Nwagbara in a chat with newsmen shortly after the adjournment said that, "we believe that on that date, June 18th, the court will give us a substantive date for the hearing of the appeal , with a view of determining the case "
"The appellants in both cases at the Appeal Court which filed motions respectively for stay of execution of the lower court and also asking for an injunction restraining the council from enforcing the directives that the lower court gave or taken any further step to executive the judgment"
"It was agreed that rather than dissipate energy of the court and the parties involved in arguing applications that will eventually be addressed in the substantive suit, it is better that the substantive appeal be taken which will involve all issues that are been requested to be addressed in the pending applications, which however led to the adjournment", he stated.
Meanwhile, Counsel to STOAN; Mr. Femi Atoyebi(SAN) said that court adjourned the case to enable all parties to put in their briefs for the case proper.
Counsel to Nigeria Shippers’ Council Emeka Akagbogu, on his part alleged that the concessionaires were not ready to proceed with the application for the court to determine, hence, the court adjourned the case.
He said, “we on our part, because we know that the Nigeria shipping industry is suffering because of the pendency of this appeal and we know also the appellant would want this matter to be prolonged for as long as possible and as a result we requested that the court proceed directly to the substantive appeal and make the pending applications to abide by the substantive appeal”.
Discussion about this post