Yakubu Gyang Dakwak, today, the 24th day of September 2021, struck out a Suit instituted by Bleneson Services Limited against the Plateau State Government; Ministry of Finance Plateau State; STL TRUSTEES Limited and United Capital Trustees Limited.
The striking out of the
Suit by the Court followed the success of the Notice of Preliminary Objection
filed by Paschal Mammo Esq. Counsel to the Joint TRUSTEES to the Bond used to
execute the Project, STL Trustees Ltd
and United Capital Trustees Ltd, sued as
3rd and 4th Defendants respectively in
the Suit.
The Joint Trustees had challenged the jurisdiction of the Court to entertain the Case, on the
Ground that the Claimants failed to file the mandatory Pre- action Protocol
meant to disclose on Oath, the step, if any, they took to settle the dispute
before approaching the Court.
In it's Ruling on the
Application, the Court held that the
failure to take those mandatory steps as required by the Rules of Court is a fundamental vice
that robbed the Court of the Jurisdiction. The Court consequently struck out the Case.
It would be recalled that
on 16th March 2021, Bleneson Services Ltd instituted Suit No:PlD/J144/2021 seeking to restrain the Plateau State Government from Terminating its Contract with the Company for the construction
of various School and Hospital Projects
under the LALONG LEGACY PROJECTS.
The institution of the Suit
by Bleneson Services Ltd was after the Service by the Government of
Plateau State of a 30-day "Notice
of Termination of Contract" on the Company on 9th March, 2021,
following the failure of the Company to deliver a Phase of the
Project whose delivery, going by the Work Plan signed by the Parties, was 31st
December, 2020 and the prospect that going by the slow pace of work by the
Contractor, it was practically impossible for it to deliver the last of the
Projects by 31st December, 2021 as agreed, with the projected earliest completion
date being December, 2024.
The Plateau State
Government had therefore issued the Notice of Termination in the exercise of its
right to do so as provided under the Contract, where there is a failure of
performance by either Party.
Bleneson Services Ltd had,
upon receipt of the Notice of Termination, without approaching any of the
Defendants for Settlement, as required
by the High Court of Plateau
State (Civil Procedure)
Rules, 2020, rushed to Court to file the Suit.
With this development, the
completion of the Lalong Legacy Projects in various parts of the State is in
sight as Governor Simon Bako Lalong has consistently maintained that the
projects will be completed before the end of his administration.
Dr. Makut Simon Macham
Director of Press &
Public Affairs to the Governor of Plateau State.
24th September 2021.
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