By Nsan Ndoma-Neji, Calabar
A Calabar High Court has adjourned ruling on a motion to strike out a case against the management of the University of Calabar Teaching Hospital, UCTH, over a contract debt for COVID-19 isolation centre, built by one Obi Achara and Company Limited.
In suit No. HC/316/2020 between the management of UCTH and Obi Achara & Company Limited, the claimant, whereby a contract for the construction of COVID-19 isolation centre was completed and handed over to management of UCTH, just as the later had made some payment in that regard before payment process broke down.
The case arose following disagreement between the claimants, Obi Achara & Company Limited and the respondents, UCTH management, over the construction of a COVID-19 Isolation Centre, valued at N68 million.
The claimant had earlier presented 16 exhibits against the defendants to back up his claims before closing up the case while the defendant applied for a motion to strike out the case.
The presiding judge in the matter, Justice Angela Obi, earlier fixed 12th of July 2021, for the consideration of the motion to strike out the case, but unfortunately the matter suffered some setbacks, as one of the parties involved in the case had a matter outside the jurisdiction.
However the matter was again rescheduled and adjourned to October 15, 2021, to enable the claimants respond to the rejoinder presented by the respondents.
In a brief interaction with CompassNG correspondent shortly after the presiding judge made pronouncement for adjournment of the matter, counsel to claimant, Mba Ukweni, SAN, said, “The respondents commenced arguing the motion which we have responded to and he now brought out a reaction to our own motion.
‘”This is a rejoinder to points of law, which he did not serve us and I looked at it and there may be issues of law which he has raised and I may need to counter.”
The claimant’s counsel stressed that there is no other matter pending in another court to warrant the case being struck out.
He said, “There is no other matter in court pending.
“You cannot relist a matter that was struck out and then find that as a basis to objecting to the one that is existing.
“In the eyes of the law, that matter that was struck out since last year does not exist.”
The respondent was represented in court by Dafe Diegbe, as well as Minika Efa, a legal officer 1 at the UCTH.
