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JUDGMENT OF THE COURT
Parties and Representation
1. The plaintiff is a corporate entity registered under the laws of the Federal
Republic of Nigeria whilst the defendant is a Member State of the Economic
Community of West African States (ECOWAS). The plaintiff was represented by
C.I. Igbinedion, a Nigerian lawyer, whilst the defendant was represented by Mafall
Fall, a State Judicial Agent in Senegal.
Facts of the case
2. By an application filed on the 14th of July, 2008, the plaintiff claimed to have
purchased a vessel from the USA. 'Whilst on the high seas en route to Nigeria, the
vessel developed a mechanical fault off the coast of Cape Verde. The crew left the
vessel and went ashore to look for pa1ts, leaving nobody on board. It was in that
state that a Spanish registered vessel M/V Maxti Corta found the plaintiff's vessel
and towed it to the port of Dakar, Senegal.
3. The plaintiff negotiated with the Senegalese authorities who agreed to release the
vessel upon their payment of port storage charges. However, after paying the charges,
the defendant did not release the vessel to the plaintiff, claiming that Euskalduna de
Pesca, owners of M/V Maxti Corta, were demanding towing fees before the vessel
would be released. The plaintiff considered the amount of 40 million CFA being
charged as hiring fees to be on the high side.. On the suggestion of the Dakar Port
Commandant, the plaintiff agreed to negotiate a reduction with a representative of
Euskalduna de Pesca. Consequently, the plaintiff purchased a ticket for Euskalduna's
representative who travelled from Spain to Dakar. However, the ensuing meeting failed
to break the deadlock.
4. Subsequently, Euskalduna approached a court in Senegal which awarded the
vessel to them in lieu of the towing fees that plaintiff had failed to pay. That
decision was vacated upon application by the plaintiff’s lawyer. The plaintiff
explored all possible avenues to secure the release of the vessel but to no avail,
including a case they made to the tribunal of the Marine Merchant and diplomatic
pressures. The plaintiff stated they found the defendant was determined to award
the vessel to Euskalduna illegally and this has cost them a lot of loss.
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