Spanish Diplomat Faces N250m Suit Over Arson
A limited liability company, Amzama International Ventures Limited, whose house was alleged to have been negligently burnt by a Spanish Diplomat Jose Maria Formosa Pena, has slammed a N254.5 million suit on the diplomat.
In a statement of claim filed before a Lagos High Court, Southwest Nigeria, by a Lagos lawyer Barrister K. O. Osunowo on behalf of Amzama International Ventures Limited, it was alleged that, Jose Maria Formosa Pena became the tenant of the claimant company by virtue of a tenancy agreement which commenced from the 1st day of April 2011 in respect of all three bedroom wing of a duplex with one room servant quarters situated at Esther Adeleke Street, Lekki Phase 1, Lagos State.
The claimant alleged further that the duplex apartment occupied by the defendant was furnished with all necessary comforts and the claimant appointed Saphire Heights Company to manage the facilities.
The defendant executed a maintenance agreement with Saphire Heights Company.
However, the claimant alleged further that in the course of the tenancy, the defendant decided to dispense with the services of the facilities managing firm, as he became responsible for the managing of the facilities of all the duplexes. He brought in electricians to work on the property, employed the security guards who only allowed those approved by the defendant to go into the premises for any lawful business. The defendants carried out repairs on installed air conditioners in the property and also brought in PHCN officials to rewire the electrical in the property.
It was further alleged that on the 9th of March 2012, the diplomat’s one wing duplex caught fire and the fire extended to the twin duplex before the fire was put out by the Lagos State Fire service.
The defendant made a report of the fire to the Nigerian Police, Maroko Division and the claimant equally made a report at the same station, where they were interviewed by the police.
The claiment avers that by the negligent action of the defendants its property was destroyed by fire on the 9th of March 2012 as the electrical repairs carried out by the agents of the defendant was the cause of the fire, since the defendant failed to carry out the maintenance in a professional manner.
By the alleged actions and negligence of the defendant the claimant averred that it has suffered special damages, and estimated the cost of rebuilding the damaged duplex at N150 million, stress and trauma gone through by the claimant’s Directors N75 million, loss of income N25 million and the cost of this legal action N4.5 million.
The claimant avered that the defendant has no defence whatsoever to this legal action brought against him by the claimant, consequently the claimant claims as follows: N250 millin as special and general damages against the defendant, his heirs, assigns and personal representatives for the negligence of the defendant which resulted in the destruction of the claimants’ property N4.5 million being legal fees paid by the claimant in respect of his claim.
—Akin Kuponiyi
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