Wednesday August 12, 2009
Local News
TICTS sued for 116.9m/- for container disappearance
FAUSTINE KAPAMA, 11th August 2009 @ 01:15, Total Comments: 0, Hits: 306
A BUSINESSMAN from the Democratic Republic of Congo (DRC) and a local clearing and forward agent have sued the Tanzania International Container Terminal Services (TICTS) Limited, demanding refund of 116,779 US dollars for mysterious disappearance of their container imported from China.
The businessman, Mr Ngoike Mubanzo, and Dar es Salaam based Triple D Limited filed the suit at the High Court's Commercial Division and the matter was mentioned before Judge Robert Makaramba yesterday and has been set for disposal of an objection raised by TICTS.
In the objection, TICTS, through its advocate Dilip Kesaria, are asking the court to reject the said commercial dispute on grounds that the plaint does not disclose a cause of action by the clearing and forwarding agent company against them and it has not been signed by the businessman.
The parties, however, agreed to disposal of the objection by addressing the court through written submissions. The trial judge ordered Mr Kesaria to file his submissions on August 24, while Advocate Carol Tarimo, for the plaintiffs, would file his reply submissions on September 4.
Mr Kesaria would file any rejoinder on September 10 and the court would deliver its ruling on the matter on September 30. In the case, the plaintiffs are also seeking payments of general damages and loss of profit to be assessed by court for negligence by TICTS in the disappearance of the container.
In October last year, the businessman was shipping a container number MAEU 6109085 B/L number 582854447 from Hong Kong, which contained 288 bales of poplin and the same was to be discharged at Dar es Salaam Port by a carrier vessel MAERSK KITHIRA on transit to Lubumbashi in DRC.
The said container arrived at the port on January 6, this year and the next day was discharged from the ship and stocked for custody in TICTS's terminal yard, waiting for clearing formalities. Triple D Limited, being clearing agent of the businessman, surrendered all documents to the ship's agent.
It is alleged that delivery order was issued on January 9, this year and after completion of all formalities, including loading procedures, Triple D Limited had to load the container on January 16, this year, for transportation to its destination to Lubumbashi, but the container could not be traced at the yard.
Officials from TICTS informed the clearing agent that the disappearance of the container was reported to the police for investigations. Such disappearance, the plaintiffs allege, was out of untold negligence by TICTS, who ought to have handled the container with due care.
They allege that the act by TICTS of not taking proper care of the said container which resulted into being lost has caused great financial loss and embarrassment to them considering that the businessman was depending on the said container to boost his business, but he has found himself in financial difficulties.
In the written statement of defence, TICTS admits the disappearance of the container, but denies any liability and that the plaintiffs are not entitled to the amount and relief claimed at all. Therefore, TICTS prays to the court to dismiss the commercial dispute in its entirety with costs.
Furthermore, TICTS states that their decision to inform the plaintiffs on the disappearance of the container and advising them to be patient while the incidence was being investigated by the police was not and could not be construed as admission of liability and negligence in mishandling the container.