Breach of contract: Court warns counsel in N20m suit against delays


JUSTICE Ann Akobi of an FCT High Court, Kwali on Wednesday warned a counsel in a suit against AXA Mansard Pension LTD, a pension administrator not to engage in actions that can cause delay in the matter.

Akobi, gave the warning to the defendants’ counsel, Mr Ademola Adeniji,  after he failed to appear in the court and sent a letter seeking an adjournment and suggestions of dates.

“The application for adjournment is unreasonable and intended to delay this case.

”Therefore the defendants’ counsel’s application for adjournment untill April  7 or April 8, is refused,” she held.

She then adjourned the matter untill March 3 for hearing.

The company, Ideal Rach AUJ, dragged the pension fund administrator, AXA Mansard Pensions Limited before Justice Akobi demanding N20 million for alleged breach of contract.

The company, a limited liability company, in its claims prayed the court to compel the Pension Company to pay N19. 8 million.

The plaintiff claimed that the said amount was for general damages for breach of trust and negligence, while the balance of N116, 640 was the money the Pensions administrator received from it without consideration.

The claimant argued that it handles contracts for government agencies and must comply with the Bureau of Public Procurement mandatory regulation which mandated companies to be duly registered.

The plaintiff further stated that failure to obtain a PenCom compliance certificate disqualified it from getting contracts.

Ideal Rach AUJ Limited claimed also that its representative, Christian Onyemaonwu, went to the respondents and paid N12, 960, being a month contributory employment for four staff members as assured by the respondents.

It further claimed that it was issued with Registration Certificate and based on the information by the respondents agreed to process the PenCom Compliance Certificate.

The claimant stated that after four months, the respondents could not procure the said PenCom certificate to pre-qualify to bid for contracts.

The claimant stated that the company’s contract awarded by Federal Road Safety Corps dated Dec. 21, 2018 was withdrawn because of fake receipt issued them by the defendants.

The claimant stated that it was eventually issued the certificate of PenCom Compliance Certificate.

It stated that when its representative took the certificate to FRSC, the procurement officer was unable to log into the Bureau of Public Procurement portal to verify the certificate.

The company claimed that it was later informed that the certificate was fake.

The claimant stated that on closer examination, it discovered that the second teller issued to it for additional payment of N116, 640 had the same number with the teller for N12, 960.

They claimed said that in its bid to obtain a genuine certificate, it paid another N116, 640 and it was eventually issued with a genuine PenCom Compliance Certificate.

The claimant stated that this led to enormous loss of earnings and missed economic opportunities. (NAN)

– Feb. 19, 2020 @ 15:19 GMT |

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