A High Court siting in Calabar has rescheduled ruling on a motion to strike out the case between a contract ,Obi Achara , Chief Executive officer ,Obi Achara Nigeria Ltd and the University of Calabar Teaching Hospital management Board.
In Suit No. HC/316/2020 between Obi Achara Nigeria Ltd and the University of Calabar Teaching Hospital UCTH, Management Board.
This is coming on the heels of a contract dispute between claimants and the respondents over the construction of a COVID-19 Isolation Centre at the Teaching Hospital.
The claimant,Obi Achara Nigeria Ltd had earlier presented 16 exhibits against the defendants to back up his claims before closing its case while the defendant applied for a motion to strike out the matter
The court originally scheduled to hear the application before the defendant applied for an adjournment of the matter as it had a case out of jurisdiction was slated to another date suggested by the defendant’s counsel .
The Presiding Judge ,Angela Obi adjourned the matter till the 12th of July 2021 so as to consider the motion to strike out the case made my UCTH Management Board .
Speaking shortly after the adjournment, counsel to the Claimants,Eta Akpama said they have filed their response to the motion but it has not been adopted due to the absence of the defendant.
His words : “They filed a motion to strike out the matter and so the matter was adjourned for ruling but today they have written to the court to adjourn the matter.
“We have filled our response though it could not be heard today because they claim they have a matter outside jurisdiction”, he said.
He added that he would not think it is a delay tactics by the defendant but that they have given them the benefit of doubt based on face value .
Vanguard learned that an out of court settlement between both parties had earlier broken which prompted the case to proceed to trial as it currently running eventhough it was delayed due to the over two months strike by JUSUN.
