15th July, 2010
A Nigerian businessman, Mr. Ken Amah, who is the Chief Executive Officer of Ampec Royal Limited company, has slammed N37 million suit on the Nigerian Airforce over an alleged breach of contract.
In a statement of claim filed before a Federal High Court in Lagos SouthWest Nigeria by a Lagos lawyer, Barrister Alexander Omini, it was alleged that sometime in August 2007, Mr. Ken Amah and the Nigerian Airoforce entered into lease agreement that ought to run from 13 August 2007 to 13 August, 2010.
Under the terms of the lease, the plaintiff paid N500,000 for a space to build a factory which covers a piece of land measuring 320.70m located and situated at the Nigeria Air Force base, Ikeja, opposite the Nigeria Airforce Officers Wives Association.
The plaintiff averred that he paid N300,000 for the rent for 3 years at the annual rent of N100,000 and N200,000 as ground rent for one year.
Under the lease agreement, the plaintiff was to build a well designed bungalow at the location and use it as a restaurant. The plaintiff employed the services of aÂ building engineer to carry out the construction of the building.
However, sometime in April, 2008 when construction had reachedÂ roofing stage, Air Vice Marchall Awarun, the then Air Officer Commanding Logistics Command Ikeja, unilaterally and without consulting the plaintiff ordered the construction of the building to be stopped.
Between April 2008 and September 2008, a series of meetings were held between the plaintiffâ€™s solicitor and the Chief of Air Staff. Thereafter work resumed only to be stopped for another meeting which was held in Abuja.
Consequently, he was asked to relocate to another place and the defendants evaluated the amount spent so far on the project to be N4,380,266.
However, the plaintiff averred that he has not received any compensation from both the Nigeria Air Force and the Chief of Air Staff , rather sometime in May, 2009 a group commander sent soldiers to arrest all the workers on site.
The matter was referred to the Director of Legal Services of the Air force for investigation, but the plaintiff has waited since September 2009 without receiving any information from the defendants. The solicitor of the plaintiffÂ wrote a letter to the defendants demanding N6,380,266 for the cost of the project.
The plaintiff went further to employ the services of an Estate Surveyor who valued the said project to be worth N7,500,000.
In view of the foregoing, the claimant urged the court to declare the refusal by the Nigeria Airforce to allow the plaintiff to complete the building project and operate his business a breach of lease agreement.
The plaintiff also want the court to grant an order to him and damages in the sum of N26,700,000 being the amount spent so far by the plaintiff in meeting the building and general damages in the sum of N10 million.