Court Restrains Oyo Govt, Firm From Meddling with Contract

Court Restrains Oyo Govt, Firm From Meddling with Contract

July 11, 2022 Uncategorized 0

A High Court of the Federal Capital Territory (FCT) in Abuja has restrained Craneburg Construction Co. Ltd, Oyo State government and two others from meddling with a contract awarded to ENL Consortium Ltd pending the hearing and determination of a Motion on Notice and the substantive suit.Justice Enobie Obanor gave the ruling after listening to the paintiff’s counsel on a motion ex-parte numbered FCT/HC/M/8903.It was pursuant to the suit numbered FCT /HC/CV/2133/ 2022 in the case of ENL Consortium Ltd. V Craneburg Construction Co. Ltd and four others.The counsel told the court that ENL Consortium Ltd was awarded a Build-Operate and Transfer (BOT) contract to construct the Ibadan outer Ring Road measuring 32 Kilometres.He said the entire project was to be contractor financed with a time span provided in the contract for the contractor to recoup his expenditure and make appropriate profit, the Statement of claim is annexed.The counsel said: “In the course of executing the contract  with finances sourced by the contractor, there was a change of administration in Oyo State from the Governorship of Chief Abiola Ajimobi of the All Progressives Congress (APC), whose Government awarded the contract, to that of Governor Seyi Makinde of the Peoples Democratic Party (PDP), and the latter did not hide the fact that his administration did not want the Plaintiff to conclude and benefit from the contract.”Consequently, by some contrivances set out in the statement of claim, the Oyo State Government purported to revoke the contract and re-award same to Craneburg Construction Co Ltd, an Abuja based company, despite the fact that the contract was still subsisting and not resolved through the arbitration clause in the contract, which the OYSG is yet to take advantage of.”For now the reliefs sought is against the Abuja company that has interfered in the contract between the Plaintiff and the 4th Defendant.”The claimant seeks the following reliefs against the defendants jointly and severally:”A declaration that the Concession Agreement between the Claimant and the 4th Defendant (Oyo State Government) for the construction of 32-Kilometer East End Wing of the 107-Kilometer proposed Ibadan Ring Road (the Ibadan Circular Road) particularly as described in the contract document dated 25th August 2017 is valid and subsisting between the Parties named herein.”A declaration that the actions of the 1st -3rd Defendants in this case demonstrated the intention to injure the business of the Claimant and actually injured the Claimant’s business in the matter of the existing afore described contract between the Claimant and the 4th Defendant by unlawful means of conspiring with Oyo State Government of Nigeria to frustrate and take over the subsisting self-financing Concessionaire of the 32-kilometer East End Wing of the 107-kilometer proposed Ibadan Ring Road (the Ibadan Circular Road) under the terms of the Concession Agreement dated 25th August, 2017 with Oyo State Government without waiting for the termination of the contract as prescribed in the said agreement.”A declaration that the presence and sudden appearance of the 1st  – 3rd  Defendants and their construction equipment on the site of the 32-Kilometer East End Wing of the 107-Kilometer proposed Ibadan Ring Road (the Ibadan Circular Road) as described above constitute acts of trespass and amount to a violation of the sanctity of the existing contract between the Claimant and the 4th Defendant by the 1st -3rd Defendants whose registered office, residence and assets are within the jurisdiction of this Honourable Court.”An order of perpetual Injunction restraining the Defendants, acting either by themselves or through their servants, agents, officials, staff, representatives or any other person(s) connected to them from further interference, disturbance, trespassing, or any other action or conduct in like manner with the business of the Claimant in respect of a subsisting self-financing Concessionaire of the 32-kilometer East End Wing of the 107-kilometer proposed Ibadan Ring Road (the Ibadan Circular Road) under the terms of the Concession Agreement dated 25th August, 2017 with Oyo State Government.”Damages in the sum of N10billion against the Defendants jointly and severally for unlawful interference with the business of the Claimant in respect of a subsisting self-financing Concessionaire of the 32-kilometer East End Wing of the 107-kilometer proposed Ibadan Ring Road (the Ibadan Circular Road) under the terms of the Concession Agreement dated 25th August, 2017 with Oyo State Government and conspiracy to injure the claimant.”Cost of this action.”Because of  the alleged interloping conduct of the first defendant, the plaintiff sought orders of interim and interlocutory injunction.They include an order granting leave to the claimant/applicant to serve the originating processes in the  case on the second and third defendants/respondents at the registered address of the first defendant/respondent situate at 1, Block 2, River Patoka Close, Off Nile Street, Maitama Abuja through any adult staff at the receptionIt also sought an order granting leave to the claimant/applicant to serve the originating processes on the fourth and fifth defendants/respondents at their Liaison office situate at Plot 77, Oyo House, 78, Ralph Shodeinde Street, Central Business District, Abuja.The plaintiff sought “an order of Interim injunction restraining the defendants/respondents, acting either by themselves or through their servants, agents, officials, staff, representatives or any other person(s) connected to them from further interference, disturbance, trespassing, or any other action or conduct in like manner with the business of the Claimant in respect of a subsisting self-financing Concessionaire of the 32-kilometer East End Wing of the 107-kilometer proposed Ibadan Ring Road (the Ibadan Circular Road) under the terms of the Concession Agreement dated 25th August, 2017 with Oyo State Government pending the hearing and determination of the Motion on Notice in this suit.”After hearing the Motion, Justice Obanor said: “Upon hearing the Motion Exparte filed on the 4th July, 2022, in the registry of this Honourable Court, praying the court for the following Orders, and upon reading the affidavit of Engr Kola Aledare filed in support of the application, and after considering the submission of B.J. Akomolafe from J.B.Daudu & Co.  Counsel for the claimant/applicant, it is hereby granted as follows:”The court having carefully gone through the reliefs sought in Motion No. M/8903/ 2022 and having also gone through the Affidavit evidence and seven exhibits annexed thereto as well as well as the written submission of counsel, the court is satisfied that the application is meritorious and it is hereby granted and Order made as prayed pending the hearing and determination of the Motion on Notice.”The defendants are Craneburg Construction Company Ltd, Fadi Khalil, Mohammed Abdul, Government of Oyo State and Attorney-General of Oyo State.Justice Obanor adjourned till July 15 for hearing of the Motion on Notice. 

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