November 24, (THEWILL) – A High Court sitting in Calabar, has issued a Subpoena against the Chief Medical Director, CMD of University of Calabar Teaching Hospital UCTH, Prof Ikpeme Ikpeme.
The CMD is to appear before Justice Angela Obi of High Court 11, on December 15, 2021.
The Subpoena is dated November 16,2021, titled Subpoena Ad Testificandum/Duces Tecum Brought Pursuant To Order 31,Rule 21 of The High Court Of Cross River State(Civil procedures) Rules, 2008.
It reads in part: “You are commanded
in the name of the Cross River State governor to attend before the High Court 11 at Calabar, on Wednesday, on the 15 day of November 2021 at the hours of 9 O’clock in the afternoon.
“And so from day to day until the above cause is tried, to give evidence on behalf of the claimant and also to bring with you and produce at the same time and place aforesaid documents.
“Letter for award of contracts for the construction for emerging pathogens research and management dated November 15,2016 and letter from Obi Achara Nigeria Ltd dated January 3,2020”. The court letter concluded.
The court also set December 15 2021 to rule on a motion to strike out the suit.
During proceedings, counsel to the defendants Dafe Diegbe and Co urged the court to strike out the case.
He said 12 exhibits were presented alongside the motion and a written address in support of their motion.
He prayed the court to find merit in their argument and strike out the case.
However, counsel to the Claimant, Mba Ukweni, SAN, urged the court not to strike out the case.
He said justice will not be served if the court grants the defendants motion.
He argued that if anything constitutes an abuse of court process, it is the defendants motion before this court.
He maintained that asking his lordship to strike out the case is an indirect way of calling for a review of the decision in Suit No. HC/104/2020 which is a court of coordinate jurisdiction.
In his submission, the Senior Advocate said, “A man who has come to court and made an averment on oath saying we are owing this person and we have started paying to turn around and say strike out the case, my Lord is not an honest position.
“It is even irritating to the judicial process for the defendant to file a motion to relist a suit that has been abandoned for the purpose of filing this application.
“Our submission is that the intention of the defendant is to keep another case alive for the purpose of having their way in the instant application. That is our understanding and our submission” Mba Ukweni SAN, said.
After listening to both arguments, the presiding Judge, Justice Angela Obi adjourned till December 15, 2021 for the ruling.
The dispute with suit no HC/316/2020 is between Obi Achara Nigeria Limited (Claimant) and the University of Calabar Teaching Hospital Management Board (Defendant).
It borders on a contract for the construction of an isolation centre at the institution which was executed by the claimant but eventually became a matter of dispute.
A court sanctioned out of court settlement broke down hence the matter proceeded to trial.
About the Author
THEWILL Correspondent, Aniekan Bassey has over six years experience that spans across several fields in print journalism including development communication, sexual reproductive and health rights issues, crime, climate change, social justice, business and human interest stories.
