A medical equipment supply company, Star Global Marketing Limited, has filed a suit against the Osun State Government over an alleged debt of N69.5 million arising from the supplies of medical equipment to its teaching hospital.
The company, in its suit filed before a Lagos High Court sitting at Osborne Foreshore, marked LD/ADR/3607/2021, is praying the court to order Osun government to pay the sum of N69.5 million owed for supplying medical equipment to Ladoke Akintola University of Technology Teaching Hospital.
Aside Osun State government, other respondents in the suit are Ladoke Akintola University of Technology Teaching Hospital Management Board, and Prof Peter Olaitan, Chief Medical Director of the school.
The claimant is requesting payment for the unpaid sum of N69.5 million, for the supply of C-Arm machine and various medical supplies to the teaching hospital, a parastatal of Osun State Government.
The firm motion was brought pursuant to Order 12 Rule 1 and 3(1), Order 22 Rule 1 and Order 43 Rule 1(1) of the High Court of Lagos State Civil Procedure Rules 2019.
However, when the case came up before Justice J.O. Pedro, the claimant’s counsel, Mr. Chidi Ike told the court that the claimant filed a pending motion for judgment against the defendants for default of appearance and defence.
He told court that claimant served the processes to the defendant and wondered why there was no legal representation. Ike prayed the court to hear his motion for judgment first.
But Justice Pedro directed that the preliminary objection should come first before she adjourned the case for hearing of pending applications.
The claimant said that the sum was for the previous supply of medical equipment to the teaching hospital between the period of 2012 and 2013.
The claimant added that one of the supplies was a brand new robust high resolution C-Arm Genoray Zen 5000 Machine worth N50 million and a N19.5 million unpaid sum for previous supply of medical equipment.
The claimant claimed that the defendants were in breach of the contract between them. He added that, due to the breach, they have suffered loss and damage.
The claimant motion was supported with a 47-paragraph affidavit, deposed to by one Mayowa Edunjobi, a legal practitioner.
The defendants filed a preliminary objection, seeking for an order that the court does not have any jurisdiction to hear the case.
The preliminary objection was brought pursuant to Order 4 Rule 1(3) of the Lagos State Civil Procedure Rules, 2019 and sections 6 (6) (b), 270(1) and 272(1) of the 1999 Constitution.