A royal father in Delta State, HRM Pere Charles Ayemi-Botu (JP) has sued the Power Holding Company of Nigeria, PHCN for the sum of fifty million naira (N50, 000,000.00) for damages.
In a Writ of Summon in Suit No W/435/2012 in the High Court of Justice, Delta State in the Warri Judicial Division Holden in Warri, the Claimant said he contracted the defendant, PHCN sometime in 2011 to install, connect and commission a 300KVA. 30/0.415KV Transformer and in the process expended so much money as directed by the defendant who failed to meet and/or refused to carry out her side of the obligation under the contract, despite repeated demands/request by the Claimant.
The claimant therefore declared that the persistent refusal of the defendant to install, connect and subsequently commission the aforesaid 300KVA, 33/0.415KV Transformer since 2011 to date is unlawful, unconstitutional and therefore null and void. “A declaration that the conduct and actions of the defendant in failing to meet her obligations towards the claimant under the forgoing circumstances, constitutes a clear breach of the contract between the defendant and the claimant.”
According to the writ of summon dated 6th December, 2012, “An order, directing the defendant to forthwith, to make a refund of the sum of two million, two hundred thousand naira (N2,200,000.00) so far expended by the claimant under the contract; OR alternatively, an order, directing the defendant to forthwith, comply with the terms and conditions of the contract agreement by installing, connecting and commissioning the said 300KVA.33/0.415KV Transformer as earlier negotiated and agreed between the parties for purposes of generating the needed power/light in the claimant’s apartment and neighbourhood.”
It therefore ordered the sum of Fifty Million Naira (N50,000,000.00) should be paid as damages for the inconveniences, pains and/or anguish suffered by the claimant on account of the failure of the defendant to carry out her own part of the bargain under the contract to install, connect and commission the said 300KVA.33/0.415KV Transformer since 2011 to date.
The court also ordered that 10% of the Judgment sum payable per month until the same was fully and completely liquidated.
Copyright: Fresh Angle International (www.freshangleng.com)
ISSN 2354 - 4104
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