A company, Star Global Marketing Ltd., dealers on medical equipment, on Wednesday prayed a Lagos High Court for a declaration that N69.5 million owed it by Osun Government should be paid.
Star Global Marketing Ltd., the claimant, brought an application for judgment in suit No: LD/ADR/3607/2021.
The defendant are Osun State Government, Ladoke Akintola University of Technology Teaching Hospital Management Board, and Prof. Peter Olaitan, Chief Medical Director.
The claimant is requesting payment of an unpaid sum of N69.5 million for supply of C-Arm Machine and various medical supplies to the teaching hospital, a parastatal-agency of Osun Government.
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, Mr 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.
“I am surprised that they are not in court today.”
He requested that if on the next adjourned date, the defendant were absent, 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.
Pedro adjourned the case until March 7, for hearing of pending applications.
The News Agency of Nigeria (NAN) reports that the claimant is seeking an order of the court compelling that N69.5 million should be paid it by the defendants.
The claimant said that the sum was outstanding payment for supply of medical equipment to the teaching hospital from 2012 to 2013.
The claimant said one of the supplies was a brand new robust high resolution C-Arm Genoray Zen 5000 Machine worth N50 million.
It added that N19.5 million was an unpaid sum for a previous supply of medical equipment.
The claimant said that the defendants breached a contract between it and the teaching hospital.
It claimed that due the breach, it had suffered losses.
The claimant supported the motion with a 47-paragraph affidavit deposed to by a lawyer, Mr Mayowa Edunjobi.
NAN reports that 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.