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Daily
Independent Online.
* Wednesday, June 30, 2004.
Breach of contract:
Midfield Investment files N5b case against Metropolitan Bank
By Rotimi Fadeyi,
Senior Correspondent, Abuja
A company, Midfield
Investment Limited, has instituted a N5 billion suit against Metropolitan
Bank Limited for alleged breach of contract, involving the construction
of some houses at the Trans Amadi Garden, Port Harcourt, Rivers State.
In the suit filed at an Abuja High Court
through its counsel, Tony Anyanwu, Midfield is asking the court to
declare that the bank unlawfully interfered with the agreement it reached
with a developer, Bauhaus International Limited.
Although Bauhaus and the bank had denied
Midfield Investment’s claim, the company in its statement of claims,
explained that pursuant to the understanding it reached with Bauhaus
International, it sourced and secured a contract from the Federal Housing
Authority (FHA) for the construction and completion of 471 housing units
at the Trans Amadi Garden.
Midfield further said that it held several
meetings and consultations with FHA officials, incurring substantial
expenses that culminated in the award of the contract in December 2000.
According to the company, it signed a
Memorandum Of Understanding (MOU) with the developer, which outlined
their relationship and respective roles in the execution of the project.
The MOU, Midfield said, stipulated that it
was entitled to 12.5 per cent of the profit realised from the contract
while the developer through the Metropolitan Bank agreed to fund the
project.
But the firm claimed that in the course of
carrying out the project, Bauhaus and Metropolitan Bank reneged on the
contract terms and, therefore, tampered with the agreement reached before
the contract started.
Midfield is, therefore, asking for an
order, directing Metropolitan Bank to pay N25 million, representing 12.5
per cent of the net profit accruing from the project. The company also
asked for an order, directing the defendant to pay N5 billion as punitive
and exemplary damages.
But Bauhaus in its defence said that it
secured the contract from the FHA and that the contract was not secured
by Midfield. It added that Metropolitan Bank came into the project
through an agreement that it would fund it.
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