A company, Star Global Marketing Ltd, dealers on medical equipment, has asked a Lagos State High Court, presiding at Osborne Foreshore, for a declaration that the sum of N69.5 million owed them by Osun State Government be paid.
Star Global Marketing Ltd, the claimant, brought their motion for judgment in suit No:LD/ADR/3607/2021.
The suit is against the Osun State Government, Ladoke Akintola University of Technology Teaching Hospital Management Board, and Prof Peter Olaitan, Chief Medical Director of the School.
The claimant, is requesting payment for the unpaid sum of N69.5 million, for the supply of C-Arm machine and various medical supplies to the teaching hospital, a Parastatal of Osun State 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.
When the case came up on Wednesday, counsel to the Claimant/Applicant, Mr Chidi Ike, told the court, “this matter is coming up for the first time.
“We have filed a pending motion for judgment against the defendants for default of appearance and defence.
“However, yesterday evening we got a motion processes, a notice of preliminary objection, filed on us from the defendants.
“I am surprised that they are not in court today,” Ike said.
He requested that if on the adjourned date the defendant were absent, the court should hear their motion for judgment first.
Justice J. O. Pedro, however, said the preliminary objection should come first, but “when we get to that bridge, we will cross it”.
She adjourned the case till March 7, for hearing of pending applications.
The claimant is seeking for an order of the court that the outstanding sum of N69.5 million be paid to them by the defendants.
The claimant said that the sum was for the previous supply of medical equipment to the teaching hospital for the period of 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 and a N19.5 million unpaid sum for previous supply of medical equipment.
The claimant claimed that the defendants were in breach of the contract between them and the first defendant.
The claimant claimed that due the breach, they have suffered loss and damage.
The claimant supported its motion with a 47-paragraph affidavit, deposed to by one Mayowa Edunjobi, a legal practitioner.
However, the defendants filed a preliminary objection, seeking for an order that the court does not have any jurisdiction 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.
