Lawsuit against NBA Closed
Today 23/2/2016 in the presence of Samuel Zibiri SAN and other learned
colleagues. Also I saw Sunday Ameh SAN in court
and Ikeji Esq but they were all
in different matters Tues 23rd Feb 2016. Two hours ago or so, some
of us left the high court feeling elated and vindicated.
STARWOOD VS- NBA
In 2013, during the
regime of NBA President Okey Wali SAN, I wrote on behalf of my clients to
settle an outstanding debt. NBA Section on Business Law had incurred the debt
previous years before Mr Wali came to the saddle. In 2013, my clients handed me
the instructions.
I thought Wali would
consider mediation so I tried to settle it amicably but when he made a simple
matter complicated and thought SBL should, we filed a writ of summons under the
un-defended list against NBA President NBA, GS, RT. They filed a notice of
intention to defend and a counter affidavit. Thereafter the NBA filed a Motion
dated 30th Jan 2014 to protest that the court processes were not
served on them.
It is not all the
time an opponent files something a lawyer should respond except of course on
points of law. When in 2015, NBA Lawyer
argued his Motion dated 30th Jan 2014, we replied on points of
law.
1. That the NBA’s objection is
frivolous, vexatious, be dismissed.
2. That Kisari Investment Ltd
vs- La Terminal Co Ltd (2001) FWLR (PART
66) p766 at 785 relied on by NBA decided that once service of originating
processes was effected at the defendants’
office address, it is proper in the eyes of the law and therefore cannot
protest.
3. That the processes were
served by Bailiff Bolus at the NBA National Secretariat at N0. 24, Oro-Ago
Street, Off Muhammadu Buhari Way Abuja and received by the Director of Admin at
the time Mr Osita Okoro on 26/7/2013 and
the defendants having responded thereto by filing a notice of intention to
defend on 2/8 and a counter affidavit
wherein NBA said it is NBA Section on Business Law that should pay the debt and
not the National NBA and we said NBA SBL is not a juristic person. Hence the
parent body must be held liable for the acts of one of her arms of
administration at the national level.
After the argument,
the court adjourned for ruling and that was when NBA took seriously the
suggestion for mediation and settlement and it paid off. However, today the
court read her ruling anyway and dismissed NBA’s application bearing in mind
NBA told a lie when it said it was not served.
Anyway I have told
the court because NBA stopped attending court after we got NBA’s cheque paid
NBA’s legitimate debt, I on my own informed the Judge today 23/2/2016 that sums
have been paid and case closed. Judge Ordered accordingly
Thank you but next
time do not treat or take mediation tips as a sign of weakness. It is actually
a sign of strength.
Best,
Attorney CN Ajie
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