A group of Nigerians under the aegis of Salof Industries Nigeria
Limited, has dragged USA based companies, General Electric (GE)Oil and
Gas, USA and Salof Companies, USA, to an Igbosere High Court Lagos,
claiming N110.25 billion as damages for breach of contract.
In a suit number: LD/5113/14 filed by Chief Mike Ozekhome (SAN) on
behalf of the claimants, operating an indigenous Nigerian company, they
averred that on September 29, 2007, they entered into an agreement with
the US based firm as ‘’sole agent’’ to source for contracts from the
state and federal governments and oil companies in the country, as well
as to remain its ‘’technical partner’’ in the manufacturing of LNG and
LPG plants and other refrigerator system.
In another agreement, which the Nigerians said they had further entered
into with the US based company, they averred that the defendant agreed
to pay them a commission of 20 % in all orders that originated from
Nigeria, Ghana and Uganda.
They added by a letter dated October 5, 2010, the US based company
further undertook to pay them a 5 % commission on orders the company
received from other companies in Nigeria, Ghana and Uganda that did not
directly emanate from them (claimants), and further confirmed in the
said letter that it would pay them 20 % commission for all orders
received from them.
The Nigerians: Dr. Christopher Chidi; Hon. E. J Agbonayinma, and Mr.
Oghenekaro Jockey, said they enjoyed a good contractual relationship
with the US based company as all parties adhered strictly to the terms
of the contract agreement after the signing of same, until May 6, 2013,
when they received an email message from the defendant unilaterally
terminating all the contracts.
The Nigerians further averred that before the US based company
cancelled the contract, and based on the contractual agreement, they had
embarked on the design of a turnkey project with the support of the
defendant, in partnership with UDDIPCO for Chevron Nigerian Limited,
which had reached an advance stage before the agreement was truncated.
The Nigerians added that the action of the defendant had painted them
in very bad light in the oil industries and the entire business
community in Nigeria and abroad, while also losing good will of their
customers.
Consequently, the Nigerians asked the court to declare that the
agreement they entered into with the US based company was still valid
and subsisting, and that the defendant were duty bound to honour and
give effect to the agreement.
Alternatively, they asked the court to order General Electric (GE) Oil
and Gas to pay them the sum of N100 billion as ‘’general damages’’,
another N10 billion as ‘’general and exemplary damages’’ for breach of
contract and the sum of N25 million only as cost of their suit. The case
has been fixed for February 24, 2016 for the hearing.
Credit Thisday
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