Breach of Contract: Company sues Osun govt over N69.5 million
A company, Star Global Marketing Ltd., dealers in medical equipment, on Wednesday prayed the Lagos High Court for a declaration that N69.5 million owed it by the Osun government should be paid.
Star Global Marketing Ltd., the claimant, brought an application for judgment in suit No: LD/ADR/3607/2021.
The defendants are the Osun government, Ladoke Akintola University of Technology Teaching Hospital Management Board, and LAUTECH chief medical director Peter Olaitan.
The claimant is requesting N69.5 million for the supply of the C-Arm machine and various medical supplies to the teaching hospital.
The motion was brought pursuant to Order 12 Rule 1 and 3(1), Order 22 Rule 1 and Order 43 Rule 1(1) of the High Court of Lagos State Civil Procedure Rules, 2019.
On Wednesday, counsel to the claimant/applicant, Chidi Ike, told the court, “We have a pending motion for judgment against the defendants for default in appearance and defence. However, yesterday evening, we got a notice of preliminary objection filed from the defendants.”
Mr Ike added, “I am surprised that they are not in court today.”
He requested that if the defendant were absent on the next adjourned date, the court should hear the motion for judgment first. Justice J. O. Pedro, however, said the preliminary objection should be heard first.
“When we get to that bridge, we will cross it,” the judge added and adjourned the case until March 7 for a hearing of pending applications.
The claimant is seeking an order of the court compelling the defendants to pay N69.5 million. The claimant pointed out that the sum was outstanding payment for the supply of medical equipment to the teaching hospital from 2012 to 2013.
The claimant said one of the supplies was a brand new high-resolution C-Arm Genoray Zen 5000 Machine worth N50 million. It added that N19.5 million was an unpaid sum for a previous medical equipment supply.
The claimant further mentioned that the defendants breached a contract between it and the teaching hospital. It claimed that due to the breach, it had suffered losses.
The claimant supported the motion with a 47-paragraph affidavit deposed by a lawyer, Mayowa Edunjobi.
The defendants filed a preliminary objection to the suit. They are challenging the jurisdiction of the court to hear the case.
The preliminary objection was brought pursuant to Order 4 Rule 1(3) of the Lagos State Civil Procedure Rules, 2019 and Sections 6 (6) (b),270(1) and 272(1) of the 1999 Constitution.
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