Anita Ogona
The NLNG and Macobarb International have got three full days in October 2024 to prosecute their legal duel over a N5Bn claim arising from an alleged contract breach. This is as the judge frowned at incessant requests for adjournment.
The claim was brought by Macobarb against the NLNG over a contract which went sour.
Now, both companies have October 16, 21 and 29, 2024 to prosecute the duel.
Over two years has gone since the case went to court with many amendments by the claimant (Macobarb) and consequential amendments by the NLNG team of lawyers.
The case had also seen Macobarb changing their lawyers many times over with reasons not mentioned in court though outside the court, everyone seems to know why.
Justice Chiwendu Nworgu on Monday, September 30, 2024, accepted to grant Macobarb request for further amendments and gave October 16, 2024 to move a motion confirming that all amendments were done. This would set the stage for justifying the claims on October 21 and 29. The case number is PHC/2013/CS/2022.
Justice Nwaogu however frowned at incessant adjournments and in his ruling and ordered that any further adjournment other than the hearing date in October, the case would be dismissed.
The issue
Macobarb International Limited, an indigenous contractor had dragged the NLNG to court claiming over N1billion (now amended to N5.073Bn) for alleged breaches to a contract (B130142PPI, Access Control) in the NLNG plant area with three years duration.
The suit said the contract provided that Macobarb be paid bit by bit progressively based on the value of verified work done.
Macobarb in its claims said the contract also forbade delay of any kind in the project and provided for penalty on whoever caused the delay. It also provided for alert system should anything want to cause a delay.
Macobarb said it activated the alert clauses when payment delays began to happen but that nothing was done to rectify the delays until the contract was terminated.
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