Halifax couple seeking $100K remuneration for Nigerian shipment
A couple is trying to recuperate more than $100,000 from a Halifax man who they paid to ship goods to Nigeria more than a year ago.
The Ogbans, who live in Halifax, claim the items they shipped were never turned over to their representatives in Nigeria because of "negligent or fraudulent actions," according to court documents.
According to court documents filed Tuesday, Princewill Ogban and Patricia Ogban "entered into a shipping contract" with Adeola Adebayo, owner of Adadem Import and Export, in January 2014.
"Mr. Adebayo agreed to ship by sea container to Oyo, Nigeria, a motor vehicle belonging to the Ogbans described as a 1999 Toyota Sienna," says the statement of claim in Ogbans lawsuit against Adebayo.
The court documents state that Adebayo was "aware" there was more than $100,000 worth of goods inside the Toyota "and the goods were being shipped to Nigeria where they would be collected by the Ogbans's representatives in Nigeria."
Adebayo told CBC News he knew the Ogbans "put some stuff in the car," and that "they were household goods," but said he did not know the exact contents or have any receipts from the Ogbans to confirm their value.
The court documents state that "despite repeated inquiries by the Ogbans about the location of the container," until early May 2014, "Mr. Adebayo insisted that the container had not arrived in Oyo, Nigeria."
But by "May 4, 2014, the Ogbans, through their own inquiries, determined that the container had arrived in Oyo, Nigeria, on March 7, 2014."
According to the statement of claim, the Ogbans confronted Adebayo about the container's arrival, but were told there was a clearing fee that had to be paid before they could get access to the contents of the container.
Even once that fee was paid to Sola Adebayo, listed as Adeola Adebayo's "agent" and "consignee in Oyo, Nigeria," the Ogbans claim their Toyota and its contents were not turned over.
Adebayo confirmed with CBC News that the container in which the Ogbans's Toyota was sent is being held in Nigeria while he waits for payment from other clients for their share of the clearing fee.
Ogbans did not sign a contract
Adebayo told CBC News that the Ogbans have paid their "share of the money in clearing the container in Nigeria."
But, according to Adebayo, there are three other vehicles in the container and "until those people paid, I cannot guarantee when it will be released and I will not spend my money to pay the demurrage."
Demurrage is the fee that's owed when a container has not been claimed beyond the time allowed for unloading.
While the Ogbans paid Adebayo to ship their car and its contents, Adebayo said they did not "sign any contract because it's based on trust."
Adebayo told CBC News he is "concerned, yes I'm worried about the length of time that it's taking," but maintains that he has "gone beyond what I would normally do" in this particular situation.
"My job is just to do the paperwork ... to get the booking, to do the custom declaration," he said.
Adebayo, who says he's a registered nurse and communications director of a local church, told CBC News he runs the import and export business on the side.
