UCTH
A High Court sitting in Calabar has again rescheduled ruling on a motion to strike out a case against the University of Calabar Teaching Hospital (UCTH) over a contract dispute.
The case with Suit No. HC/316/2020 is between Obi Achara & Co. (claimant) vs. the University of Calabar Teaching Hospital Management Board (respondent)
The case arose following a contract dispute between claimants and the respondents over the construction of a COVID-19 Isolation Centre at the Teaching Hospital at the cost of about 68 million naira.
The claimant 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 case.
The presiding judge, Justice Angela Obi, earlier fixed 12th of July 2021 so as to consider the motion to strike out the case.
The matter suffered a delay as one of the parties had a matter outside the jurisdiction.
The matter was again adjourned to October 6th and has yet again been rescheduled for 15th October 2021 to enable the claimants to respond to the rejoinder presented by the respondents.
The respondents were represented in Court by Dafe Diegbe as well as Minika Efa, a legal officer in the institution.
Lawyer for the claimants, Mba Ukweni, SAN, on his part said “he commenced arguing his motion which we have responded to and he now brought out a reaction to our own motion.
‘”This is a rejoinder to points of law which he did not serve us and I looked I to it and there may be issues of law which he has raised and I may need to counter.”
He added that there is no other matter pending in another court to warrant the case being struck out.
“There is no other matter in court pending. You cannot relist a matter that was struck out and then find that as a basis to objecting to the one that is existing.
“In the eyes of the law, that matter that was struck out since last year does not exist”, he said
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