The Nation Newspaper

Tag: Igbosere High Court

  • Firm sued for alleged N40 million debt

    Firm sued for alleged N40 million debt

    The Asset Resources Management Company, has been dragged before an Igbosere High Court, Lagos, by the managing director, Flamin Nigeria Limited, Femi Ogunniya, over a N40 million debt.

    In a Writ of Summons dated March 21, filed by counsel to the claimant, Dapo Omolodun, the claimant also demanded the sum of N10Million as damages for alleged breach of contract between his company, Flamin Nigeria Limited and the defendant.

    He alleged that his company is being owed the sum of N44,836,875 being fees for pumping 35,869.5 m3 of sand for the defendant.

    The claimant prayed the court to grant an interest at the rate of 21 percent of the total money till final judgment, as well as interest at the rate of 7.5. percent thereafter.

    Ogunniya of 7, Adekunle Fajuyi Way, Ikeja, claimed that the defendant owed him and his company in respect of a contract to create a Golf Course, inter alia: dredge and pump sand to create a lake and to reclaim or stockpile on their parcel of land situated at Summerville Golf Estate, along Lekki Expressway.

    According to his statement of claims, Ogunniya, stated that his company had this contract with SGF Nigeria Limited under an agreement dated March 27, 2009, which the Asset Resource Management Company later took over, after the agreement with SGF terminated.

    He alleged that the defendant, through its authorised staff, Mrs. Yinka Ogunsulire, who was about to disengage from the company, one Mr. Bode Olabisi was orally contracted with the claimants directly to continue working despite the staggered termination of the agreement between the defendant and SGF Nigeria Limited.

    Ogunniya said several requests have been made to the defendant for the payment of their fees for the pumping of sand on their behalf to no avail.

  • Court to hear lawyer’s, bank’s applications on May 7

    An Igbosere High Court, Lagos, has fixed May 7, for hearing of two applications brought by a lawyer, Chief Ajibola Aribisala. The bank is challenging the court’s jurisdiction.

    In his motion, Aribisala whose Senior Advocate of Nigeria (SAN) title was suspended is praying for an order restraining the Legal Practitioners Privileges Committee (LPPC) of stripping him of the honour.

    In his suit against LPPC and the bank, Aribisala is praying the court to reverse the committee’s decision.

    He accused the LPPC of taking the action despite a pending application dated October 19, 2012, which sought a restraining order of interlocutory injunction against the body to suspend his SAN rank, pending the hearing and determination of the substantive suit.

    The lawyer prayed the court for an order directing immediate restoration of parties in this suit to the status quo ante bellum as at October 22, 2012, when Fidelity Bank and LPPC, the first and second defendants respectively, were served with the originating processes including the Motion on Notice dated October 19, 2012, seeking a restraining order against LPPC pending the determination of the case; just as he denied overcharging the bank saying his bill was in accordance with the provisions of the Legal Practitioners (Remuneration for Legal Practitioner Documentation and other Land Matters) Order.

    He said he made several demands on the bank to pay up his legal fees after helping the bank to perfect its documents in respect of different properties acquired by the bank.

    While the LPPC did not file any response to the suit, Fidelity Bank in its preliminary objection, challenged the jurisdiction of the court to hear the suit.

    Although counsel to Aribisala, Tunji Ayanlaja (SAN), at the resumed hearing yesterday, urged the court to take the application for a mandatory injunction against the LPPC and the preliminary objection challenging the jurisdiction of the court together; counsel to Fidelity Bank, Seyi Sowemimo (SAN), prayed that the bank’s application be heard first.

    Ayanlaja argued that taking the two applications would save time and speed-up hearing and determination of the suit.

    He said: “In line with a judgment of the Supreme Court, delivered in 2009, the court is expected to take the two contending applications together and deliver just a ruling adding that any of the parties who is not satisfy could then appeal against it.”

    Sowemimo while objecting the applicant’s prayer, argued that the preliminary objection challenging the jurisdiction of the court is the only application that is ripe for hearing.

    Delivering a bench ruling, Adefope-Okojie held that the two applications would be heard together and a joint ruling delivered on them. She adjourned the case to May 7 for hearing on both applications.