By Olubunmi Adeniyi
Lagos. January 31, 2013: The Federal High Court in Lagos has declined the hearing of the Broad Communication Limited motion dated October 29, 11 in its case against Vee Networks Limited (now Airtel Nigeria).
The judge, J.T Tshoso, decline on the ground that application forwarded by Broad Communication which is the plaintiffs in suit is defective.
The defendants through their counsel, M.O Liadi argues that the plaintiffs had already sought to amend their original statement of claim in October 2010 telling the court that “this will be the third time they are seeking for amendment of same statement.”
Liadi told the court that the process that Broad Communication is applying for does not exist in law.
The defendant argues further that in the Plaintiffs original statement of claim, there were 10 defendants and three plaintiffs in the application but it suddenly turns out to become seven defendants and two plaintiffs in the new application.
Liadi adds that even if the judge agrees to hear the plaintiffs’ motion, the three defendants who were not in courts must be fully represented before any action can be taken on this.
The counsel who represented the plaintiffs, Mathias Dawodu, argues it is right for the court to hear their motion as long as all the defendants in the suit have been served with the copy of the application.
In his reponse, the judge told the plaintiffs, “what you have is an obvious defect” because a plaintiff and defendants were dropped in the new application, adding that in the next adjournment date the plaintiffs should have regularised the defects in their application.
The court adjourned further hearing on the matter till February 18, 2013 during which it is expected to hear the plaintiffs’ motion in the suit.
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