Douglas Blessing, Port Harcourt
A Federal High Court sitting in Lagos State has ordered the Seizure and sale of a property belonging to Energy Link Infrastructures Limited, MV Eli Akaso, (IMO NUMBER ) 9164847 in satisfaction of a Judgement debt.
The court has ordered that the vessel be forfeited to GIMBROWN’S MARINE OIL AND GAS LIMITED (GIMB).
The matter was earlier instituted before the Federal High Court Lagos registered in suit No. FHC/L/CS/2276/2022 between GIMBROWNS MARINE OIL AND GAS, Verse ENERGY LINK INFRASTUCTURE LIMITE, AND MV ELI AKASO.
In a judgement on January 26, 2023 by Justice Y. Bogoro of the Federal High Court Lagos, a payment of $1,016,200 was ordered, as payment for a debt owed and expenses to Gimbrown’s Marine Oil and Gas Limited (GIMB) against Energy Link Infrastructures Limited.
However, in a statement made available to journalists in Port Harcourt yesterday, by the lead counsel to GIMB Limited, Mr ThankGod Nwugha, noted that the defendants failure to comply, warranted the deputy Sheriff of the Federal High Court in Lagos to issue a Writ of Attachment and Sales against MV Eli Akasa (IMO NUMBER ) 9164847 .
Nwugha disclosed that by this process the said vessel has been effectively attached for sale in satisfaction of the judgement debt.
He explained that following the difficulty encountered by the officers of the deputy Sheriff in executing the Writ of Attachment and Sales against the vessel which is currently located at offshore Bonny in the Gulf of Guinea, Justice I.N. Oweibo sitting at a vacation court in Lagos, on August 9, 2023, ordered that the Writ of Attachment should be served via advertisement on newspaper .
The Statement further advised the general public to be cautious of their dealings with the said vessel as it is no longer the property of Energy Link Infrastructures Limited by the Writ of attachment and sales.
Parts of the statement reads: “Between the period of August 1, 2022 and December 31, 2022, ‘Eli’ took a lease of GMB’s Security Vessel, MV OCEAN MERIT, for purposes of ballistic armed escort and security surveillance in aide of safe operations of MV ELI AKASO her. Cargo, crew, hull and machinery at the Bonny offshore Gulf of Guinea.
“During the period under reference, which spanned a total of 213 days, an accumulated outstanding freight due and payable to ‘GMB’ from ‘ELI’ for the said services rendered for ELI AKASO in the tune of $1,116,000 (One Million, One Hundred and Six Thousand USD) at a daily rate $7,300 (Seven Thousand Three Hundred USD) resulted and remained unpaid.
“This humongous indebtedness became a source of worry for GMB as Eli, from its body language, was not prepared to pay despite repeated demands, appeals and entreaties to the contrary. Almost, ad infinitum, ELI hedged, quibbled and prevaricated over the issue, thus prompting GMB, through the law firm of T.G.E NWUGHA & CO, a leading firm of Insolvency and Admiralty lawyers based in lagos, to institute action for recovery.
“On July 11, 2023, attempt by the Sherriff of the federal High Court Lagos, to attach the MV ELI AKASO as per issued Writ of Attachment and Sales at her location Offshore Bonny, Gulf of Guinea was frustrated by agents of Eli who employed the services of armed men and over-powered, over-awed the sheriff and his police escort.
On the August 09, 2023, Hon. Justice I.N. Oweibo, of the Federal High Court Lagos, sitting as a vacation Judge, issued an order for the advertisement of the WRIT OF ATTACHMENT AND SALES…issued against MV ELI AKASO in three (3) National dailies circulating one of which should be an online news madia operating within the Federal Republic of Nigeria”.
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