Court to adjourns N40m suit against Fidelity Bank, others to Sep 14

A Federal Capital Territory High Court of the sitting in Kuje, has adjourned till September 13, 2023, to hear a suit seeking over N40 million compensation against Pagmat Oil and Gas Nig. Ltd, Prudential Steps Savings & Loan and Fidelity bank.

Apeh had filed the suit on behalf of a Kano based car dealer, Tripple C Motors Nigeria Ltd.

Trial judge is Justice Chinyere Nwecheonwu and the matter was adjourned on Wednesday, following Ojonimi Apeh, counsel for the plaintiff, prayer for an adjournment to enable him call the sole witness in the matter.

At the hearing in the matter, Justice Nwecheonwu held that the statement of defence filed out of time by Elvis Utulu, lawyer to the 1st defendant (Fidelity Bank), as duly filed, having been regularised.

However, Pagmat Oil and Gas Nig. Ltd (2nd defendant) and Prudential Steps Savings and Loan (3rd defendant) were absent in court despite being served with hearing notices.

Utulu told the court that he was unable to serve the 2nd and 3rd defendants with his processes.

Apeh then informed the court that since the issue in dispute was majorly documentary, he needed a short date to call his sole witness and possibly close his case.

The judge, however, adjourned the matter until September 13 and 14, for definite hearing.

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The court also ordered that the hearing notices, including all the processes, be served on the 2nd and 3rd defendants.

Plaintiff in the substantive matter is claiming against the defendants jointly and severally, the sum of over N40 million as compensation for unlawful withholding of its money for a period of 43 months.

Tripple-C Motors wants the court to declare that the refusal and failure of the defendants to pay it the sum of ₦86million for supply of cars it made at the instance of the defendants as at when due resulted in the loss of profits/earnings to the claimant.

The company alleged that it lost N4.3 million per month for a period of 43 months at cumulating loss of at least N34million for that period and thereby rendering the defendants liable to the claimant in damages.

“An order directing the defendant to pay the claimant the sum of N34,400,000.00 (Thirty-Four Million, Four Hundred Thousand Naira) only as projected returns and/or loss of anticipated profits/earnings.

“Twenty per cent interest on the judgment sum per month from the date of judgment until the judgment debt is fully liquidated.

“An order directing the defendants to pay the claimant the sum of ₦6000million as cost of this suit,” among others.

In a statement of claim, the claimant avers that the vehicles were only delivered based on the fact that the Block Funds/Irrevocable Standing Order, dated December 20, 2018, was issued by the bank’s Utako branch manager and handed to Dr. Adamu Kukuri, the claimant’s director.

The claimant further averred that upon the expiration of 30 banking days after delivery of the seven vehicles, no money was paid into her account with Zenith Bank Plc as agreed to and undertaken in the Block Funds/Irrevocable Standing Order.

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