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Court adjourns hearing of alleged breach of contract till November 1

By Yetunde Ayobami Ojo     |   11 July 2017   |   3:32 am

According to him, the defendant never hear of and were not aware of the existence of the 3rd claimant until first claimant letter dated November 10, 2014 served on the defendant on November 13, 2014. 

Justice O.O Femi-Adeniyi of the Lagos High Court has fixed November 1, 2017 for further hearing in a suit filed by Omega City Ventures Limited, Oshomak Ventures Limited and Steel Works Limited against the Sifax Group Nigeria Limited and it’s Managing Director and Executive Vice Chairman, Dr. Taiwo Olayinka Afolabi for alleged breach of contract.

The trial judge fixed the date after listening to the testimony of the defendant witness, Mr. Talabi Adekitan in the suit. Adekitan, who was led in evidence by Mr A.Okpara, tendered his statement on oath dated May 5, 2015, and some letters and they were admitted as exhibit D1 to D16.

He averred in his statement that he knew Mr Kehinde Osobu of the first claimant in the suit but do not know the 2nd claimant because first claimant never mentioned or informed the defendant of existence of second claimant.

According to him, the defendant never hear of and were not aware of the existence of the 3rd claimant until first claimant letter dated November 10, 2014 served on the defendant on November 13, 2014.

In his 31-paragraph statement on oath, he said there was never an agreement to pay 10 percent or any percentage of the purchase of the property to the 1st claimant.

When he was cross-examined by claimant counsel, Mr Tunde Abioje, the witness confirmed working with the defendant. He told court that he was not a director in the Sifax group of company, adding that they did not have property department.

The claimants, Omegacity Ventures limited, Oshomak Ventures Limited and Steel Works Limited had in the suit prayed for an order of the court for “immediate and unconditional payment of N90 million by the respondents to the first claimant being the 10 percent commission of N900 million purchase price in respect of service rendered to the defendants as estate agents in getting defendants property formerly known as plot 5 and 6 but now known as No 212 Moshood Abiola Way, Ijora measuring approximately 13,800 square metres.”

The claimants therefore prayed the court to order defendants to pay N50million general damages for the stress, trauma and the untold hardship suffered by the claimants on different occasions they went for meetings called at the instance of the defendants in their office at Apapa.

However, in their statement of defence dated May 5, 2015, defendants denied paragraph 13 of the statement of claim in its entirety and state that the defendants were never aware of any partner, affiliate, subsidiary or co-agent to the1st claimant.

They insisted that while the negotiation with the 1st claimant’s Mr Kehinde Osobu lasted, he never mentioned to the defendants of anybody working with him.


In this article:
Lagos High Court


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