…..Unhappy for a lien on N130M consignment
….As consignee pledges to pay $5000 for seven months
The Nigerian Shippers’ Council (NCS) has faulted the Management of Maersk Line Nigeria for ”erroneously releasing a cargo without telex nor original Bill of Lading” and placing a lien on other cargo worth N130M without following due process.
The Shipping Company was invited to the Council following a complaint titled “Complaint against Maersk Nigeria Limited for illegal and unwarranted withholding of a container TCNU 2744938” by James Hopes, ESQ, of Choicevine Legal and Consulting, Abuja on behalf of their client, Alhaji Yusuf Danladi.
It was however stated in the complaint that their client, a forwarder trading under the name Yamusa Global, was contracted to clear a box containing 1088 cartons of house hold goods,TRHU 4755 283u shipped from Hot pack Packing Industries, LLC Dubai, UAE via Maersk Nigeria Limited.
The complainant further claimed that their client also received a Delivery Order on behalf of Alhaji Usman Dantata (consignee) De Sphintour Global Consign Ltd, two weeks after the delivery of the container to De Sphintour, which was released to their client in error without telex released from the shipper, the Shipping Company placed lien on their client shipment.
However, the complainant also mentioned how their client contacted Alh. Usman Dantata who acknowledged the error and communicated same to the shipper with an agreement of payment of 10,000 USD every month until his obligation is settled, this stand was made known to Maersk Nigeria Limited. The matter was even reported to the Assistant Inspector General, AIG Zone 11 Office, Lagos and Alh Usman Dantata, (who joined the meeting virtually) been the beneficiary of the goods has agreed to pay. Choicevine is hereby demanding for an immediate release of their client container placed under lien and pay damages for loss of business over the continuous withholding of the cargo.
A tripartite meeting was held where all the parties were in attendance, except Alh. Usman Dantata. The head of Complaints Unit, Mr. Daniel Orume asked Maersk if that was what transpired?
Responding, Maersk Line Nigeria represented at the meeting by Jane Iheaturu, Legal Officer however stated ”for clarity, we will kindly state the parties on the Bill of Lading with respect to this shipment (TRHU4755283) as Shipper: Hotpact Packing Industries LLC Dubai, UAE, Consignee: De Sphintour Global Consign Ltd and Carrier Maersk.’ ‘
‘The container was erroneously released albeit without any fraudulent but purely on honest mistake upon presentation of a copy of the Bill of Lading instead of an original bill of lading by the Consignee through his agents.”
Maersk Nigeria also confirmed several meetings held between them and Alh. Yusuf Danladi of De Sphintour Global Consign Ltd (Consignee) who told them that Alh. Usman Dantata of Hotpact Packaging Industries Nig. Ltd (importer) was not responsive to his calls. ”Initially, we withheld two of the consignee’s shipments in the exercise of our right of lien, but as a sign of good faith we released one to the consignee.” Maersk also confirmed that the consignee is one of their good customers.
It was at the tripartite meeting that the Nigerian Shippers’ Council realized the complainant was the consignee on the Bill of Lading contrary to what his solicitor stated.
Orume, who stated that the Council blamed Maersk Line for erroneous released of the contentious cargo without proper documents. He asked the Consignee on the bill of Lading to tell the Council what can be done since Alh. Usman Dantata (an importer) could neither be reached nor pay the agreed 10,000 USD to the shipper. The Consignee, Alh. Usman Danladi, however, requested the Council’s intervention for him to be paying 5000 USD on monthly for the period of seven months when the total money of the cargo erroneously released will have been fully paid.
Maersk Line agreed to contact the shipper in Dubai on the offer and communicate the outcome to the Council.
The Nigerian Shippers’ Council, however, warned the Shipping Company to desist from releasing cargo without scrutinizing the documents. The Council also calls on freight forwarders/ agents to register with the Council.
Parties at the meeting were grateful for the Council’s intervention.