Danish Supreme Court Confirms Monjasa's Victory in Sao Tome Bunker Cargo Dispute

by Ship & Bunker News Team
Tuesday February 16, 2021

Denmark's Supreme Court has confirmed bunker supplier Monjasa's victory in a court case brought against it by Stena Oil over the sale of a bunker fuel cargo in Sao Tome and Principe in 2013.

After a tanker carrying a bunker cargo for Stena was arrested and its cargo confiscated in Sao Tome in 2013, Monjasa bought the cargo from the local authorities.

Stena argued that it still owned the cargo, and that Monjasa should compensate it about $6.5 million for its loss. The claim was defeated in the Danish High Court in March 2020, and the Supreme Court announced on Tuesday that it had come to the same decision.

"Since Monjasa had been entitled to act in reliance on the confiscation order of the Supreme Court of São Tomé and Príncipe, the Supreme Court found that there was no basis for ordering Monjasa, from an enrichment point of view, to relinquish the profits made from the oil trade," the court said in a summary of the case on Tuesday.

"The Supreme Court thereby came to the same result as the High Court."

A spokesman for Monjasa told Ship & Bunker the company had had the right to buy the cargo from Sao Tome's authorities.

"Since 2013, we have maintained Monjasa’s legitimate right to act in accordance with a definitive ruling by a sovereign state’s Supreme Court," the spokesman said.

"We therefore also expected this clear and conclusive verdict by the Supreme Court of Denmark, which upholds the High Court ruling."