A Lagos-based Haulage company, Johnson Frontline Services Limited, has instituted a suit against the Kwara Police Commissioner and a Netherlands agro company, Terratiga Limited, over the seizure of its two trucks.
The suit was filed before Justice Owolabi Dabiri of an Ikeja High Court in Lagos State, with the Kwara CP, Alhaji Salihu Garba, joined as respondent.
Both counsel were, however, absent at Monday’s proceedings.
The judge directed the claimant’s counsel, Abdulraman Drissu, to serve all the processes on the defendants.
He adjourned the case till November 26 for mention.
In the motion on notice, the claimant is asking the court for an order of interlocutory injunction directing the first respondent to immediately release the truck in its possession.
The claimant is also seeking an interlocutory injunction directing the first respondent to authorise the release of its truck, which is in the custody of the Police at Olooru in Kwara State.
In his affidavit in support of the motion on notice, Samuel Johnson, the claimant’s managing director, said on August 18, 2012, Terratiga Limited hired the claimant’s truck with No. BOG 685 XB to deliver 600 bags of animal feed concentrate to Dan Sarki Farm Limited in Abuja.
According to Johnson, the vehicle unfortunately broke down in Oloowu, which delayed the delivery of the goods.
The respondent later sent another vehicle to convey the goods back to Lagos despite the claimant’s plea that it should be taken to Abuja, he said.
Johnson said the truck, after it was repaired, was unlawfully impounded by the Police at Olooru Station since September 17, 2012.
He said the respondent directed the company to get another truck to convey the goods back to Abuja.
Johnson said: “Pursuant to the respondent’s request, the claimant hired truck No. EPE 155 XB from Brand Clinic Nigeria Limited.
“Upon the arrival of the truck at the respondent’s factory, the respondent unlawfully impounded the truck and it has remained there since September 17, 2012.”
According to Johnson, the seizure of both trucks has been of great financial loss to the claimant.
However, in its counter-affidavit deposed to by its Logistic Manager, Anthony Akran, the respondent said the claimant was indebted to his company to the tune of N948, 300.
Akran said: “The actions of the claimant by delaying and ultimately failing to deliver the products to Dan Sarki Farms, one of the respondent’s major customers, caused them a huge loss in their income from August 2012 till December 2012.”
He also denied that his company ordered the seizure of both trucks, adding that the vehicles broke down and were yet to be retrieved by the claimant.
The respondent, therefore, urged the court to dismiss the claimant’s application with substantial cost in the interest of justice.
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