Plateau State Government Wins Case Against Blennison Over Lalong Legacy Project

A Jos High Court  presided over by the  Chief Judge of Plateau State, Hon.Justice Yakubu Gyang Dakwak, today, the 24th day of September, 2021, struck out a Suit instituted by  Bleneson Services Limited  against the Plateau State Government; Ministry of Finance Plateau  State; STL TRUSTEES Limited  and United Capital Trustees Limited.

 

The striking out of the Suit by the Court followed the success of the Notice of Preliminary Objection filed by Paschal Mammo Esq. Counsel to the Joint TRUSTEES to the Bond used to execute  the Project, STL Trustees Ltd and United  Capital Trustees Ltd, sued as 3rd and 4 th Defendants  respectively in the Suit.

 

The Joint Trustees had  challenged the Jurisdiction  of the Court to entertain the Case, on the Ground that the Claimants failed to file the  mandatory Pre- action  Protocol meant to disclose on Oath, the step, if any, they took to settle the dispute before approaching the Court.

 

In it’s Ruling on the Application,  the Court held that the failure to take those mandatory steps as required  by the Rules of Court is a fundamental vice which robbed the Court of the Jurisdiction.The Court consequently  struck out the Case.

 

It would be recalled that on 16th March, 2021, Bleneson Services Ltd  instituted Suit No:PlD/J144/2021 seeking to restrain the Plateau  State Government  from Terminating its Contract  with  the  Company for the construction of  various School and Hospital Projects under the LALONG LEGACY PROJECTS.

 

The institution of the Suit by Bleneson Services Ltd was after the Service by the Government of Plateau  State of a 30-day “Notice of Termination of Contract” on the Company on 9th March,2021, following  the failure  of the Company to deliver a Phase of the Project whose delivery, going by the Work Plan signed by the Parties, was 31st December, 2020 and the prospect that going by the slow pace of work by the Contractor, it was practically impossible for it to deliver the last of the Projects by 31st December,2021as agreed, with the projected earliest completion date being December, 2024.

 

The Plateau State Government had therefore issued the Notice  of Termination in exercise of its right to do so as provided  under the Contract, where there is a failure of performance by either Party.

 

Bleneson Services Ltd  had, upon receipt of the Notice of Termination, without  approaching any of the Defendants for Settlement,  as required  by the High Court of Plateau   State (Civil Procedure) Rules, 2020, rushed to Court to file the Suit.

 

With this development, the completion of the Lalong Legacy Projects in various parts of the State is in sight as Governor Simon Bako Lalong has consistently maintained that the projects will be completed before the end of his administration.