A corporate body, A.I.C limited has instituted a legal action against Governor Adams Oshiomhole of Edo state and the Attorney-General and Commissioner of Justice over a N300million unpaid debts arising from the supply of materials for the Benin City Water Supply Project.
In a writ of summon issued at the High Court of Justice, Benin City,in suit No: B/223/2013 and dated 6th day of May, 2013 by Ighodalo Imadegbelo, SAN and Chief Bolaji Ayorinde, (SAN) for Ighodalo Imadegbelo, & Co., solicitor to the claimants, the claimant is asking the that the defendants, (The Executive Governor of Edo State and Attorney-General and Commissioner of Justice, Edo state,) pay up the N300million indebted to it.
“You are hereby commanded that within 42 days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of A.I.C LIMITED and take notice that in default of your so doing the claimant may proceed therein and judgment may be given in your absence”, it stated.
Counsel to the claimant said that payment as demanded was a debt owed to it by the defendant for Benin City Water Supply Project covered by final invoice as at 31st day of September, 2012 in breach of clauses 4.6, 14.0 and 20.0 of the agreement dated 7th day of June, 1991.
He therefore prayed the court that the claimant shall rely on the demand notice and final invoice attached as annexure 1 and 2 dated 10th day of January, covering general damages of N300,000,000.00k (Three Hundred Million Naira) and interest at the rate of 20% per annum on reliefs until the judgment sum is paid.
Ighodalo Imadegbelo, (SAN) also prayed that or in the alternative: “A declaration that the 6,814 Ductile Iron Pipes deposited by the claimants at the Nigerian Immigration premises, Ikpoba Hill, Benin City, the 5,700 Ductile Iron Pipes and 3,000 Consumer Meter Iron Pipes and Fittings at the premises of Ikpoba Dam, Okhoro Road, Benin City constitute a Lien for the debt or part of the debt owed by the defendants to the claimants.”
“An order that upon failure of the defendants to pay the debt owed the claimant, the claimant should realize the debt or part of the debt by selling the Ductile Iron Pipes, fittings and meter pipes”, he sued.
The case which came up for hearing and determination before Justice Alero Edodo-Eruaga,on the 9th day of May, 2013 in the presence of the claimant/applicant after hearing from Ighodalo Imadegbelo (SAN) ordered follows: “Consequently, ordered as prayed. An order of interim Marava injunction is hereby issued directing and/or commanding the defendants by themselves, their servants, agents, privies, assigns or otherwise enot to remove and in any other way dispose or sell/transfer the 6814 (300mm) Ductile Iron Pipes stacked at the premises of Nigeria Immigration Service Ikpoba Hill, Benin City and 5700 Ductile Iron Pipes and 3000 consumer meters iron pipes stacked at the premises of Ikpoba Dam, Okhoro Road Benin City by the Claimant”.
The court said on the matter that the defendant is to enter an undertaking to pay damages if the application ought not to have been granted. Hearing on the matter is adjourned to 27/5/13 for motion on notice, a dated suggested by counsel.