Akin Kuponiyi
A limited liability company A. Johnson & Sons Nigeria Limited has instituted a N17,988.000 million suit against the British Deputy High Commissioner, Lagos Nigeria, Mr Kay Kyles, over an alleged breach of contract.
Joined as co -defendant in the ensuing legal battle is Her Britannic Majesty ‘s Secretary of State for foreign and Commonwealth Affairs.
In a written statement made on oath, the Managing Director of the Plaintiff company, Mr Monday Johnson, averred that on 5th of February, 2008 he had a contract with the defendants relating to the provision of gardening, grounds maintenance and household handymen to provide maintenance services at various offices and residences in and around Lagos.
He said contract emanates from similar past activities of a commercial nature existing between the Plaintiff and the defendants, and this commercial relationship extend to the area of diesel supply, waste disposal, gardening and related horticultural services.
The contract was supposed to run for a period one year with three months’ notice to be given whenever the contract is to be determined, but such notice was never given to the Plaintiff before it was unilaterally determined by the defendants
But he regretted that the contract was unilaterally terminated by the defendants.
He added that staffs trained by him were re -engaged to continue to provide the same services at the defendant’s various offices and residences in and around Lagos on the pretext that those staffs were recruited by the new contractor, whereas the defendants were yet to settle the outstanding four months due owed to the Plaintiff for the just terminated contract for the provision of Gardens and Grounds, maintenance services on their properties in and around Lagos.
Mr Johnson contended that the defendants were in breach of the contract by the manner they unilaterally terminated the contract without giving him three months’ notice as agreed under the general conditions of the contract.
He averred further that he had suffered damages of N17,988,000 whileseveral attempt to resolve the matter amicably with the defendants have not been successful.
Consequently, he engaged the services of Messiers Dayspring law firm to recover the funds.
However, in motion filed before the court on behalf of Her Britannic Majesty’s Secretary of State for foreign and Commonwealth affairs by Harry Ukaejiofor, the defendant is urging the court to strike out the suit for lack of jurisdiction, on the ground that the claim of the Plaintiff as constituted in its statement of claim arises and relates to breach of a simple contract, which the Federal High Court does not have jurisdiction over matter arising from simple contracts
The presiding judge, Oluremi Oguntoyinbo has adjourned till 26th of June, 2018 for hearing.