Justice Chinyere Nwecheonwu of the High Court of Federal Capital Territory sitting in Kuje has fixed September 13 and 14, for definite hearing on a suit seeking over N40 million compensation against Pagmat Oil and Gas Nig. Ltd, Prudential Steps Savings & Loan and Fidelity Bank.
The suit was filed by Mr Ojonimi Apeh Esq on behalf of a Kano-based car dealer, Triple C Motors Nigeria Ltd.
At a resumed sitting on Wednesday, Justice Nwecheonwu deemed the statement of defence filed out of time by Elvis Utulu, counsel to the 1st defendant (Fidelity Bank) as duly filed, having been regularised.
But despite being served with hearing notices, Pagmat Oil and Gas Nig. Ltd (2nd defendant) and Prudential Steps Savings and Loan (3rd Defendant) were absent in court.
Utulu told the court that he was unable to serve the 2nd and 3rd defendants with his processes.
Apeh informed the court that since the issue in dispute is documentary, he needed a short date to call his sole witness and possibly close his case.
But in a short ruling, the court adjourned to September 13 and 14, in view of the forthcoming vacation.
“Hearing notice, including all the processes to be served on the 2nd and 3rd defendants for definite hearing on September 13 and 14” Justice Nwecheonwu stated.
By the suit, the Plaintiff is claiming against the defendants jointly and severally, the sum of over 40 Million as compensation for unlawful withholding of its money for a period of 43 months.
Triple C Motors wants the court to declare that the refusal and failure of the defendants to pay it the sum of N86,000,000.00 for supply of cars it made for, and at the instance of the defendants as at when due resulted in the loss of profits/earnings to the claimant in the sum of at least N4,300,000.00 only per month for a period of 43 months cumulating loss of at least N34,400,000.00 only for that period and thereby rendering the defendants liable to the claimant in damages.