In a bid to recover a debt of US$1,591,827 and N198,510,687, a marine support and ship management services company, Bourbon Inter-Oil Nigeria Limited has dragged a limited liability company, Portplus limited before a Federal High Court in Lagos south west Nigeria.
In a statement of claim filed before the court by a Lagos lawyer Abimbola Akeredolu SAN, it was alleged that sometime in March 2013 and January 2015,the Bourbon inter -oil Nigeria Limited entered into two charter party agreements with Portplus for the charter of two of the plaintiff’s offshore service vessels respectively, BourbonTampen and Bourbon Buby for the defendant’s offshore operations with the understanding that payments due under the agreement will be made to the plaintiff within 45 days from the date of receipt of invoices from the plaintiff by the defendant.
Consequently, the plaintiff issued 22 invoices to the defendant for payment of the total sum of $1,591,827and N178,510,687,due to it under the agreements and delivered same to the defendant. The due dates for payment of the said invoices have since elapsed. The defendant has failed to make any payment in settlement of the invoices to the plaintiff, despite the plaintiff’s entreaties and repeated demands.
The plaintiff has suffered damages arising from the failure by the defendant to liquidate its indebtedness.
Consequently, the Plaintiff claims against the defendant are as follows:
The sums of UD$1,591,827.and N178,510,68 being the sums due and payable to the plaintiff for undisputed invoices issued for the charter of the plaintiff’s offshore supply vessels.
Pre-judgement interest on the said sum at the rate of 21% per annum until judgement is delivered.
General damages in the sum of N10million.
Cost of this legal action in the sum of N10million.
However in a statement of defence filed before the court by a Lagos lawyer, Mrs Olayemi Badewole on behalf of Portplus company, the company while denying almost all the claims of the plaintiff stated that it disputed the statement of the 22 invoices of the plaintiff and based upon the said dispute the parties met to discuss the disputed invoices without reaching an agreement on the alleged indebtedness.
Consequently, the defendant denies being liable to the plaintiff for the sums of USD$1,591,827;N178,510,687.
The presiding judge, Hadizat Shagari has adjourned till 13th of March, 2018 for hearing of the case.