By Ani Bassey, Calabar
The University of Calabar Teaching Hospital has asked a Calabar High Court 11 to strike out it’s case against a contractor, Obi Achara Limited.

The application was made as part of the on going civil litigation between the Management Board of the Hospital and  the contractor in Suit No. HC/316/2020.

The duo fell out over the contract for the construction of an Isolation Centre in the UCTH which was completed and handed over to the hospital.

Settlement talks broke down a number of times and this promoted the matter to proceed to trial at a Calabar High Court 11.

Earlier the court admitted 17 exhibits against the hospital and commenced a pre trial but the defendant has applied for a discontinuance of the case alleging an abuse of court processes.

The hospital were represented by three associates while defending the application said the case is similar to another one which was not properly terminated and it amounts to an abuse of court processes.

One of the associates Dafe Diegbe said “The suit you are seeing in this court is similar to another filled in another court.

“They did not properly terminate the suit in the other court so by not doing that the one filled here is an abuse of court processes”, he said.

Also speaking, another lawyer for the hospital  Volunteer Itam said though the defendant had made part payment to the claimant for the Isolation Centre, the sum paid is not in dispute.

However, counsel for the claimant Eta Akpama said they were only served the motion the previous day  by the close of work.

He said it is still within their time to respond and they intend to reply to the defendabts application to strike out the matter.

He denied knowledge of any similar court case elsewhere and emphasized that the defendants are yet to file their statement of defence to their claim to date and the application is a delay tactics.

“They are alleging that the matter is an abuse of court processes  because there is a similar matter somewhere but we are not aware of it.

“This is a contract for a building, they have paid some money and this building has been handed over to you.

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“You have to understand that they are yet to file their statement of defence  so as far as we are concerned they have no defence against our claim to date and we see this as a delay tactics”, he said.

The presiding judge Justice Angela Obi adjourned the case to the 22nd of April 2021  for the parties to come for argument of the motion to strike out the case.

She advised parties to iron out grey areas before the next date of court.