A Lagos State High Court in Ikeja has dismissed a suit filed by Virtual Century Technologies and its owner, Ubong Andrew-Essien, demanding the sum of $125, 850 over alleged failed business transaction.
The claimants through their lawyer, Udom John Udom, in a suit marked LD/1692CMW2016, urged the court to mandate the defendants, Resource Petrol and Petrochemicals Limited, Mr. Damon Lee and Mrs. Daunette Chung Lee, to pay them the sum of $27,350 at the interest rate of 21 percent per annum from May 2009 till judgment, and thereafter at the interest rate of 11 percent until the full satisfaction of the judgment sum.
The claimants in their statement of claim alleged that they were engaged by the defendants to carry out technology services for corporate brand, and to act as consultant in pre ground breaking activities in respect of the refinery at Ibeano, Akwa Ibom State, also to broker a meeting with the Governor of Akwa Ibom State, Udom Emmanuel.
Praying the Court for a judgment in the sum of US$41,500 at the interest rate of 21 percent per annum from April 2015 till judgment and thereafter at the interest rate of 11 percent until full satisfaction of the judgment sum.
The Claimants alleged that no payment was made for all the services rendered.
Meanwhile, the defendants in their statement of defence filed by their lawyer, Omolola Aderolu, argued that the claimants’ claims are against a wrong party who never contracted the claimants for any work and that the instant case was instituted out of jurisdiction since the cause of action arose in the United States of America where the contracts were executed.
The defendants also submitted that part of the claim of the claimants is statute barred.
The suit was initiated by Writ of Summons and Statement of Claim dated January 26, 2016.
Hence, the matter was adjourned for a case management conference. The Case Management Conference was conducted by her Lordship, Justice S. Sonaike, but parties failed to reach amicable settlement at mediation, accordingly, the case was reassigned to Justice L.A.M Folami for trial.
In her judgment, Justice Folami held that the claimants did not make any specific claim against the defendants in respect of its services for brokering a meeting with the governor of Akwa Ibom State, and contended that the court cannot therefore make any findings in respect of the claim for demand of payment for brokering the meeting.
Justice Folami also held that the claimants failed to prove entitlement to the sum of $41,000 claimed in relief 2 and also failed to prove entitlement to the sum of $57,000 claimed in relief 3 respectively.
