Zutari Consulting Nigeria Ltd has accused Dantata & Sawoe Development Firm Restricted of failing to signal a $1.4 million phrases of settlement settlement concerning an alleged $1,257,592.83 debt owed to Zutari following subcontract work on the Dangote Fertilizer Plant mission in Lekki, Lagos, Nigeria.
Zutari Consulting’s lawyer, Chris Ekemezie, made the allegations earlier than Justice G. Umar on Thursday when the matter was referred to as.
Nairametrics beforehand reported that the corporate had sued Dantata over points regarding the alleged $1,257,592.83 debt.
As of September 2024, Nairametrics reported that the courtroom had granted the events over a 30-day extension for settlement whereas adjourning the matter a number of occasions to listen to Zutari Consulting’s movement in search of the courtroom’s appointment of a provisional liquidator for Dantata & Sawoe Development Firm Nigeria Restricted over the alleged debt.
The courtroom, presided over by Justice Inyang Ekwo, had beforehand accredited the position of a winding-up petition commercial in opposition to Dantata in a movement on discover filed by Zutari Consulting Nigeria Ltd (the petitioner) in Swimsuit No: FHC/ABJ/PET/3/2023.
The petitioner is engaged in engineering design, consulting, and supervision of engineering works, whereas Dantata & Sawoe is a number one basic building firm in Nigeria with over 40 years of expertise.
The petitioner said that arbitration over the matter was held in London, United Kingdom, and a ultimate arbitral award was issued by the arbitration tribunal on April 7, 2021, discovering that Dantata & Sawoe was liable to the applicant for the said debt.
Nonetheless, in a discover of preliminary objection filed on Might 9, 2023, Dantata’s authorized workforce urged the courtroom to strike out the petition for lack of jurisdiction, informing the courtroom that an enchantment had been entered amid ongoing settlement talks.
On the resumed proceedings on Thursday, Zutari Consulting’s counsel, Ekemezie, instructed Justice Umar that the event involved a world award in opposition to the respondent in 2021 in England.
“We made a number of makes an attempt for them to pay the award, and in September 2024, Chief Kanu Agabi appeared within the matter and stated that he needed them to pay the cash. We agreed, as we don’t need to wind up the corporate.
“On his plea, we conceded to a 25% waiver. We requested that they scale back it to writing and file Phrases of Settlement, however the Realized Silk was reluctant to take action. By the top of April, they may not pay and requested us to present them till the top of Might 2025 to pay.
“They’ve didn’t signal the phrases that we despatched to them, that are their very own phrases. By the top of Might, they may not pay and haven’t taken any steps to pay,” he added, highlighting that he has a pending Movement Ex-Parte for winding up the corporate.
“What’s your downside in making the fee?” the decide requested Obeten, to which he responded, “Now we have an objection in opposition to the jurisdiction of the courtroom.”
“Settlement has not damaged down, however we’ve got didn’t make remittance earlier than Might 2025,” he admitted.
“Did you see their Phrases of Settlement?” the decide requested Obeten, and he responded, “There’s a Phrases of Settlement, however it was despatched to Chief Agabi himself.”
“It’s about $1,400,000.00. Your Realized Brother (Justice Inyang Ekwo) has indulged them (Dantata) a number of occasions and stated that seventh Might 2025 would be the final time he’ll take the report of settlement,” Ekemezie responded.
Nairametrics gathered that an enchantment on the matter is pending on the Courtroom of Appeal.
Moreover, Nairametrics experiences that the Federal Excessive Courtroom has jurisdiction over transactions involving each events.
The courtroom will study the authorized place in figuring out the ultimate consequence of the case.
