Businessman Drags Firm To Court Over N40m Debt

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cellA businessman, Femi Ogunniya and his company, Flamin Nigeria Limited, have instituted a suit before a Lagos High Court to recover an alleged N40 million debt from the Asset Resource Management Company Limited.

The claimants are also demanding the sum of N10 million as damages for alleged breach of contract between his company and the defendant. In a writ of summons dated March 21, 2013 and filed at the court by his lawyer, Dapo Omolodun of legal firm of Tunji Braithwaite & Co Plaintiffs, are claiming the sum of N44, 836,875 being fees for pumping 35,869.5 m3 of sand for the defendant.

They are also asking for general damages in the sum of N10 million for breach of contract; interest at the rate of 21 percent of the money till final judgement and interest at the rate of 7.5 percent thereafter.

In his statement of claim, Ogunniya of 7, Adekunle Fajuyi Way Ikeja, Lagos, said that Messrs Asset Resource Management Company owed him and his company in respect of a contract to create a Golf Course, inter alia: dredge and pump sand to create a lake and to reclaim or stockpile on their parcel of land situate at Summerville Golf Estate, on Lekki Expressway, Lagos.

Plaintiffs also claimed that they earlier had this contract with SGF Nigeria Limited under an agreement of March 27, 2009 which the Asset Resource Management Company took over, after the agreement with SGF was rescinded or terminated.

The claimants averred that the defendant, via its authorised staff, Mrs. Yinka Ogunsulire (in the first instance, and who was at the material time about to disengage from the defendant Company) and Mr. Bode Olabisi subsequently) orally contracted with the claimants directly to continue working despite the staggered termination of the agreement between the defendant and SGF Nigeria Limited.

The defendant, Ogunniya averred, appointed Mr. Marius Labuschagne of EQ3 Projects Services Limited of No. 15A, Babatunde Kuboye Street, Lekki, Phase 1, Lagos State as project manager for the entire project inclusive of the dredging of sand done by the claimants herein from the commencement thereof.

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