The High Court of the Federal Capital Territory (FCT) on Wednesday, admitted exhibits tendered before it by the Director of Tripple C Motors Ltd, Dr Adamu Kukuri, in a suit the car dealer filed against Pagmat Oil and Gas Nig. Ltd, Prudential Steps Savings & Loan and a new generation bank.
Tripple C Motors Ltd had dragged the respondents before Justice Chinyere Nwecheonwu, sitting at Kuje, Abuja, claiming jointly and severally, over N40 million as compensation for unlawful withholding of its money for 43 months.
At the resumed hearing of the case on Wednesday, the documents, including complaint letters written to the Central Bank of Nigeria (CBN), police interim investigation report, among others, through Dr Kukuri while testifying for the claimant/plaintiff, as its sole witness.
Led in evidence by the counselor to the claimant, Ojonimi Apeh, Kukuri adopted his witness statement on oath as his evidence in the case, adding that the documents tendered were meant to prove his case against the defendants.
He then urged the court to give judgment in favour of Tripple C Motors Ltd and grant all its prayers.
Counsel for the new generation bank, Fidelity Bank Plc, Elvis Utulu, did not oppose the admissibility of the documents tendered through the claimant’s witness except three letters that were not front-loaded.
Apeh, however, explained to the court that though the letters were not front-loaded they were pleaded by the claimant in its processes.
Following Utulu’s insistence that he has to go through the documents to enable him prepare for his cross-examination of the witness, Justice Nwecheonwu adjourned the case to September 18 for cross-examination of the witness.
Earlier, the complaint’s counsel Apeh had told the court that both the second and third respondents, Pagmat Oil and Gas Nig. Ltd and Prudential Steps Savings & Loan, have yet to appear in the matter despite being served with hearing notices.
In the suit, Tripple C Motors Ltd sought a declaration of the court that the refusal and failure of the defendants to pay it the sum of ₦86 million for the supply of cars it made at their instance as at when due resulted in its loss of profits/earnings in the sum of at least N4.3million only per month for 43 months cumulating loss of at least N34.4 million only for that period and thereby rendering the defendants liable to the claimant in damages.
It further sought an order directing the defendant to pay the claimant the sum of N34.4 million only as projected returns and/or loss of anticipated profits/earnings and 20 percent interest on the judgment sum per month from the date of judgment until the judgment debt is fully liquidated.
Also, the claimant sought an order directing the defendants to pay to it the sum of ₦6 million only as cost of the suit.
Tripple C Motors Ltd further sought a declaration that it was entitled to payment of the sum of ₦86 million by the defendants within 30 days of the supply of the cars and at their instance being the value of the cars it supplied on December 28, 2018.
It also sought a declaration that the refusal and failure of the defendant to pay it the sum of ₦86 million within 30 banking days from the date of supply of the cars is a breach of contract between the claimant and the defendants.
In the alternative, it sought, among others, a declaration that the refusal and failure of the defendants to pay N86 million to it for supply of cars as at when due renders the defendants liable to pay compensation to it for wrongly holding on to its money in a commercial transaction.
In its statement of claim, Tripple Motors Ltd averred that the vehicles were only delivered based on the fact that the Block Funds/Irrevocable Standing Order, dated December 20, 2018, was issued by the bank Utako Branch Manager and handed to its Director, Dr Adamu Kukuri.
It further averred that upon the expiration of 30 banking days after delivery of the seven vehicles, no money was paid into its account with Zenith Bank Plc as agreed to and undertaken in the Block Funds/Irrevocable Standing Order.
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