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Airtel Networks Dragged to Court Over N55M Breach of Contract ...Access Bank Connection

A Lagos high court sitting at Igbosere, Lagos state south west Nigeria has ordered that notice of consequences of disobedient to the order of the court and other court process filed against Airtel Network Limited should be served on the managing Director of the company through the mail room of the company.
The order of the court was sequel to a breach of contract suit filed against Airtel Network limited by a limited Liability company Dutchworks Limited.
Dutchworks company in a statement of claim filed before the court alleged that, by distribution agreement between the company and Airtel Networks was appointed one of the dealers of the communication company from 1st of July, 2009 to 30th June, 20011
Thereafter without the input of the defendant, Dutchworks procure a bank guarantee in the sum of N55million while the defendant on its own procures for the claimant an Access Bank Plc guarantee in the sum of N55million.
The defendant supposes to pay several monetary incentives to the Claimant titled Discount and sales incentives
However for several months the incentives were not paid by the defendant, the claimant protested by writing a letter to the defendant stating the sum of N121,226,000 as what it is due to it.
However on 21st of April,2016 the claimant received a letter calling in the bank guarantee, whereas the payment of guarrantee will cause serious and substantial loss and unquantifiable damages and cripple its business. Whereas up till date the defendant has refused to pay the claimant's claim as contained in its letter of demand in the sum of N121,226,000
Consequently, the claimant claims against the defendant are as follows,
The sum of N121,226,000 being accrued sums of money owed to the claimant by the defendant by virtue of their agreement,
Interest at the rate of 21percent from 19th of January,2011 until judgement. And thereafter at the rate of 10percent until judgement sum is liquidated.
A declaration that the defendants letter of demand requesting for the payment of N55million secure guarrantee is premature and invalid
In its response and counterclaim filed before the court, Airtel Networks alleged that apart from discounts and incentives been regularly paid to the account of the claimant, counterclaim in the sum of N54,181,589.46.
Meanwhile, Airtel Networks was alleged to have continuously disobeyed the order of the court directing it to allow Dutchworks Limited access to and to inspect and to take evidence for its use in this suit in respect of the claimant's account from the software of the communication company
The continuous disobedience of the court order necessitated the court to order the claimant to serve notice of consequences of disobedience of court order on the defendant by substituted means.
The presiding Judge, J. Sonaike has adjourned until 24th May, 2016 for the continuation of hearing.

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