A High Court in Port Harcourt has ordered Chevlyn Resources Ltd and Nigerian Agip Oil Co. Ltd, to pay F & G Trinity Marine Ltd, the sum of N230 per liter for the balance of 147,467 liters of A.G.O and the sum of $815,778, for 852,532 liters of A.G.O, respectively.
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The court also awarded the sum of N20,000,000, as general damages to be paid by the 1st Defendant, Chevlyn Resources Ltd to F & G Trinity Marine Ltd
Justice, David Gbasam, while delivering the judgment on 30th Sept, in suit No: PHC/6/2022 entered it in favour of F & G Trinity Marine Ltd.
He dismissed the counter-claim of the Chevlyn Resources Ltd, for lacking in merit.
Justice Gbasam, held that F & G Trinity Marine, at all material times in the case had the exclusive possessory right of the BARGE christened “KOBA 1”, as well as in control and charge over the content to the exclusion of the Defendants.
The court further held that the conversion and diversion of 1,000,000 liters of A.G.O being the content “KOBA 1” property of F & G Trinity Marine by Chevlyn Resources Ltd at Nigerian Agip Oil Co’s Farm Tank in Brass amounts to conversion, especially when it is done without its authorization.
The judge commended the counsel to the claimant, Chief AA Malik SAN and B. O. Iyasere-Kayode, Esq, for their professionalism, commitment, consistency in the suit.
In the Certified True Copy of the judgment the court made the following orders; “Restraining and/or prohibiting the 2nd Defendant from making any payment to the 1st Defendant and/or honouring any request for payment in respect of the plaintiff’s 1,000,000 liters of A.G.O being content of barge “KOBA 1” property of the Claimant converted by the 1st Defendant at the 2nd Defendant’s Tank Farm, Brass , Bayelsa State, between the period of June. 2018 to July, 2018.
“An order to be and is hereby made that the 1st Defendant ie Chevlyn Resources Ltd , pay to the Claimant forthwith the total gross price in the sum of 815,778 USD, for 852,532 liters of A.G.O belonging to the claimant and supplied to the 2nd Defendant by the 1st Defendant as admitted within 14 days from the judgment.
“The 1st Defendant is hereby ordered to pay to the claimant N230 per liter for the balance of 147,468 liters of A.G.O being the content of Barge “KOBA 1” property of the Claimant converted by the 1st defendant within the 14 days from judgement.
“The 1st defendant is hereby ordered to pay the claimant the sum of N20,000,000, as general damages.”
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