PATRICK ABANG, Calabar –
Not satisfied with the ongoing trial by justice Angela Obi of the Cross River State High Court, the University of Calabar Teaching Hospital (UCTH) Management Board has dragged Obi Achara Nigeria Limited before another court.
The UCTH is in a legal battle over the isolation centre project in the hospital constructed by the contractor Obi Achara Nigeria Limited
While the case is currently pending in Suit No. HC/316/2020 before Angela Obi, the UCTH is seeking to relist an earlier case in Suit No. HC/104/2020 before Justice Elias Abua.
The hospital insists that the case before Justice Abua was discontinued when the parties were not in court and wants to relist the case for the purpose of being indemnified with costs.
Presiding Judge Elias Abua, adjourned the matter to the 20th of July to consider the application to relist the matter.
Dafe Diegbe, counsel for UCTH defended theie action, saying they did not have the opportunity to apply for cost when the matter was discontinued.
“The matter was struck out in the day where no party was in court and before the matter was struck out we ought to have been indemnified first.
“No cost was awarded to us when the matter was struck out so we are coming back to apply for the relisting of the matter for the purpose hearing us in the issue of cost.
‘The matter is not alive and was struck out, so we are applying to relist it so we can ask for cost”, he said.
However, counsel for Obi Achara Nigeria Limited, Eta Akpama, said they have filed their response and are strongly against the matter being relisted.
He said the subject matter is pending before another judge and so they have applied to the court to strike out the case.
“We have filled our response to the application for the relisting of the matter.
“We are strongly against the matter being relisted when HC/216/2020 on the same subject matter is pending before another court of competent jurisdiction involving the same issues and parties”, he said.
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