An Appeal Court sitting in Lagos yesterday slammed a N30,000 ‘punitive cost’ on lawyers representing Seaports Terminal Operators Association of Nigeria (STOAN) for delay in the case between it and the Nigerian Shippers Council over ports charges.
The Court also fixed May 23rd 2016 for next hearing in the case involving Association of Shipping Line Agencies (ASLA), STOAN as appellants, against the Nigerian Shippers Council and Shippers Association of Lagos States (SALS) as respondents.
A punitive cost is a regular cost awarded for delay in court proceedings; it is usually against a party that causes any form of delay in a court case.
The Presiding Judge of the Federal Court of Appeal, Mrs. Uzoamaka Anyanwu, at yesterday’s hearing expressed dissatisfaction with the slow pace at which the appellants were going about the case, she frowned that they were unable to file documents regarding the case on time.
She complained that the appellant failed to remind the registry on the case file, adding that the counsel has erred in doing what is expected of him.
Voicing out her grievances at yesterday’s hearing, Justice Anyanwu ordered Counsel to STOAN, Barrister Ayo Olorunfemi to remain silent, until the end of the hearing due to the fact that the application was not properly filed.
She thereafter adjourned the case between ASLA and the Council to April 4th 2016, but later re scheduled the date to 23th May 2016, because of the delay.
She however ordered that N30000 punitive cost to be paid by the appellant.
Meanwhile, speaking with the media shortly after the adjournment, Counsel to STOAN, Barrister Ayo Olorunfemi argued that such tactics are allowed.
He said that the respondent does not want to oppose the application adding that they are required to file notice of non-contention which they failed to do until October 2015.
According to him, it is the duty of the Registra of the Court to inform the Judge and not the appellant.
Olorunfemi added that, “the Judge believe that it is the appellant that was supposed to remind the registrar, but for me I believe the registrar should do his work”.
He added that by the adjourned date the registry is expected to take the file to the appropriate judge and all other processes will be regularise from his end.
Speaking also, Counsel to the Nigerian Shippers’ Council, Barrister Emeka Akagbogu, stated that the appellants in both matters have not complied with the requirement of appeal.
He said the delay made the case to be adjourned, pointing out that the appellant was supposed to file all necessary documents before the hearing.
He stated that what has happened in court is a clear indication that the appellant failed to do what the court instructed for close eight months.
Akabogu added that a punitive cost is a regular cost awarded against a party that causes any form of delay in a court case.
At the hearing earlier, Barrister Osuala Nwagbara had requested for a N2 million punitive cost from the appellant over the delay.
Osuala said he had took the pain to remind the appellant about the case, adding that the appellants are only trying to slow down the court proceedings.
He said,”, What happened was that the counsel for the appellant filed an application to regularize their processes in the court and that is to say, to deemed properly done what they did not do when they are supposed to have done it and as respondents, we also filed a paper telling the court that we were not opposing that application and we expect that they would have done their house keeping by going to the registry to ensure that that application was taken in chambers before this day. Infact, I went out of my way two weeks ago to call them to remind them that the enquiries I made at the registry showed that their application has not been granted and that they should take step to go and ensure that their application was taken”, he explained.
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