Delta: Contractor Drags DESOPADEC to Court over Non-Payment N9.5m Debt
LAGOS MARCH 25TH (URHOBOTODAY)-A contracting firm, Stecla Nigeria Limited has dragged Delta State Oil Producing Area Development Commission (DESOPADEC) to High Court of Justice Delta State of Nigeria in the Warri Judicial Division Holden at Warri for refusing pay the sum of N9, 950,531.17 being outstanding sum owed and due to the Claimant for the construction and equipping of a standard science laboratory building at Eboh Grammar School, Eboh – Orogun in the Ughelli North Local Government Area, Delta State.
In a motion of notice of notice brought in pursuant to order 11 rule 1 of the Delta State High Court Civil procedure rules 2009 and under the inherent jurisdiction of the honourable court which a copy is made available to URHOBOTODAY online medium, the counsel to the plaintiff, Cyril Ojeme Esq of Cyril Ojeme and Co is also praying the court to grant an order granting interest of 15% per annum on the said sum of N9,950,531.17 (Nine Million, Nine Hundred and Fifty Thousand, Five Hundred and Thirty One Naira, Seventeen Kobo) from May 2012 until judgement is given and 10% thereafter until the debt is finally liquidated by the Defendant.
The plaintiff counsel also prayed the court to grant an action whereby the cost of this action and such further Order(s) as the Honourable Court may deem fit to make in the circumstance should be paid by the defendant, adding that the ground upon which the application is brought is that the Defendant / Respondent has no defence whatsoever to the action.
Furthermore, an affidavit also made available to URHOBOTODAY an online medium deposed to in support of the motion by Kate Tenumah, female, Christian and Litigation Secretary, she swore to an oath that she is by virtue of her position as the Litigation Secretary of Cyril Ojeme and Co that she is properly abreast with the case of her Solicitors to the Applicant, by virtue whereof she is properly abreast with the facts of the case. She added that she had the consent and authority of the Applicant as well as that of her Employers to depose to the affidavit.
“That the Claimant is a limited liability company whose principal place of business is at No. 94 Airport Road, Effurun, Delta State and is duly registered under the laws of the Federal Republic of Nigeria and engages in building and civil construction works.
“That the Defendant which is the Delta State Oil Producing Areas Development Commission – DESOPADEC was set up in July 2007, to execute a clear and critical mandate; to rehabilitate, rejuvenate and resuscitate the peoples and communities of the oil producing areas of Delta State. This mandate is stated unequivocally in section 13(i) of the enabling law which set up DESOPADEC.
“That sometime around the month of October 2008, the Defendant awarded a contract to the Claimant for the construction and equipping of a standard laboratory building at Eboh Grammar School, Eboh- Orogun in the Ughelli North Local Government Area of Delta State.
“That on 26 October 2008, the Claimant indicated its acceptance of the award via a letter to the Defendant.
“That upon acceptance of the contract of award, the Claimant immediately commenced work on the project and diligently completed same for which a certificate of Payment was issued by the Defendant since May 2012. Copies of the Certificate of Completion including some of the photographs of the completed work are attached and marked as Exhibits C-F
“That the Defendant / Respondent has refused to make payment of the outstanding sum of N9,950,531.17 (Nine Million, Nine Hundred and Fifty Thousand, Five Hundred and Thirty One Naira, Seventeen Kobo) in spite of several demands made by the Claimant. Copies of the letters of demand dated 22/11/2013 and 19/2/2014 are attached and marked as Exhibits G-H.
“That the Defendant/Respondent has no defense whatsoever to this action and that it will be most unjust to allow the Defendant to continue to withhold payment which is long overdue to the Claimant.
“Whereof the Claimant’s claim against the Defendant/Respondent is as follows:
“The sum of N9, 950,531.17 (Nine Million, Nine Hundred and Fifty Thousand, Five Hundred and Thirty One Naira, Seventeen Kobo) against the Defendant/Respondent;
“An interest of 15% per annum on the said sum from May 2012 until judgement is given and 10% thereafter until the debt is finally liquidated by the Defendant/Respondent.
“Cost of this action.
“That I depose to this affidavit in good faith conscientiously believing same to be true and in accordance with the Oaths Act, 2004,” Kate Tenumah affirmed.
The hearing for the case is fixed for April 1st, 2014.
BELOW IS THE COPY FOR MOTION OF NOTICE AND SWORN AFFIDAVIT IN SUPPORT OF THE MOTION
IN THE HIGH COURT OF JUSTICE DELTA STATE OF NIGERIA
IN THE WARRI JUDICIAL DIVISION
HOLDEN AT WARRI
BETWEEN SUIT No.
STECLA NIGERIA LIMITED CLAIMANT/APPLICANT
AND
DELTA STATE OIL PRODUCING AREAS DEVELOPMENT COMMISSION (DESOPADEC)
DEFENDANT/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 11 RULE 1 OF THE DELTA STATE HIGH COURT (CIVIL PROCEDURE) RULES, 2009 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the 1st Day of April 2014 at the hour of 9’O clock in the afternoon or so soon thereafter as Counsel may be heard on behalf of the Claimant/Applicant praying for the following:
i. AN ORDER entering summary judgement against the Defendant/Respondent in the sum of N9,950,531.17 (Nine Million, Nine Hundred and Fifty Thousand, Five Hundred and Thirty One Naira, Seventeen Kobo) only being outstanding sum owed and due to the Claimant for the construction and equipping of a standard science laboratory building at Eboh Grammar School, Eboh – Orogun in the Ughelli North Local Government Area, Delta State
ii. AN ORDER granting interest of 15% per annum on the said sum of
N9,950,531.17 (Nine Million, Nine Hundred and Fifty Thousand,
Five Hundred and Thirty One Naira, Seventeen Kobo) from May 2012
until judgement is given and 10% thereafter until the debt is finally
liquidated by the Defendant.
iii. Cost of this action.
iv. AND such further Order(s) as this Honourable Court may deem fit to
make in the circumstance.
AND TAKE FURTHER NOTICE that the ground upon which this application is brought is that the Defendant / Respondent has no defence whatsoever to this action.
DATED this…………..day of…………………………………2014
Cyril Ojiemen, Esq.
For: Cyril Ojiemen & Co.
Abisco Ekius House
16, Okumagba Avenue
Warri, Delta state.
FOR SERVICE ON THE DEFENDANT:
DESOPADEC
25, Warri Sapele Road,
Warri.
Delta State.
IN THE HIGH COURT OF JUSTICE DELTA STATE OF NIGERIA
IN THE WARRI JUDICIAL DIVISION
HOLDEN AT WARRI
BETWEEN SUIT No.
STECLA NIGERIA LIMITED CLAIMANT/APPLICANT
AND
DELTA STATE OIL PRODUCING AREAS DEVELOPMENT COMMISSION (DESOPADEC)
DEFENDANT/RESPONDENT
AFFIDAVIT IN SUPPORT OF THE MOTION
I, Kate Tenumah, Female, Christian, Nigerian Citizen, Litigation Secretary of No. 16 Okumagba Avenue, Warri, Delta state do hereby make oath and state as follows:
1. That I am the Litigation Secretary in the Law Firm of Cyril Ojiemen & Co. Solicitors to the Applicant, by virtue whereof I am properly abreast with the facts of this case.
2. That I have the consent and authority of the Applicant as well as that of my Employers to depose to this affidavit.
3. That the Claimant is a limited liability company whose principal place of business is at No. 94 Airport Road, Effurun, Delta State and is duly registered under the laws of the Federal Republic of Nigeria and engages in building and civil construction works.
4. The Defendant which is the Delta State Oil Producing Areas Development Commission – DESOPADEC was set up in July 2007, to execute a clear and critical mandate; to rehabilitate, rejuvenate and resuscitate the peoples and communities of the oil producing areas of Delta State. This mandate is stated unequivocally in section 13(i) of the enabling law which set up DESOPADEC.
5. That sometime around the month of October 2008, the Defendant awarded a contract to the Claimant for the construction and equipping of a standard laboratory building at Eboh Grammar School, Eboh- Orogun in the Ughelli North Local Government Area of Delta State. A copy of the Letter of Award is attached and hereto marked as Exhibit A.
6. That on 26 October 2008, the Claimant indicated its acceptance of the award via a letter to the Defendant. A copy of the letter is attached and hereby marked as Exhibit B.
7. That upon acceptance of the contract of award, the Claimant immediately commenced work on the project and diligently completed same for which a certificate of Payment was issued by the Defendant since May 2012. Copies of the Certificate of Completion including some of the photographs of the completed work are attached and marked as Exhibits C-F
8. That the Defendant / Respondent has refused to make payment of the outstanding sum of sum of N9,950,531.17 (Nine Million, Nine Hundred and Fifty Thousand, Five Hundred and Thirty One Naira, Seventeen Kobo) in spite of several demands made by the Claimant. Copies of the letters of demand dated 22/11/2013 and 19/2/2014 are attached and marked as Exhibits G-H.
9. That the Defendant/Respondent has no defence whatsoever to this action and that it will be most unjust to allow the Defendant to continue to withhold payment which is long overdue to the Claimant.
10. Whereof the Claimant’s claim against the Defendant/Respondent is as follows:
a. The sum of N9,950,531.17 (Nine Million, Nine Hundred and Fifty Thousand, Five Hundred and Thirty One Naira, Seventeen Kobo) against the Defendant/Respondent;
b. An interest of 15% per annum on the said sum from May 2012 until judgement is given and 10% thereafter until the debt is finally liquidated by the Defendant/Respondent.
c. Cost of this action.
11. That I depose to this affidavit in good faith conscientiously believing same to be true and in accordance with the Oaths Act, 2004.
.
…………………….
DEPONENT
Sworn to at the High Court Registry
This………..day of March, 2014
BEFORE ME
COMMISSIONER FOR OATHS
