Sponsored
Business

Babalakin’s Bi-Courtney Faces Windup Over Alleged $107,751 Debt

Sponsored
Sponsored

MICHAEL AKINOLA

Aurecon AMEI Limited, a South African company, and its Nigerian affiliate, Aurecon Consulting Engineers Nigeria Limited have both approached Federal High Court, Lagos seeking to wind up Bi-Courtney Highway Services Limited, a company owned by seasoned lawyer and businessman, Dr. Wale Babalakin, following an alleged debt of $107,751, 01 obtained for the later’s Lagos-Ibadan Toll Road Project. 

The two companies alleged that Bi-Courtney has become insolvent, having been indebted to them to the tune of $107,751.01 which it has been unable to pay since 2013.

The petitioners filed their prayers on July 1, 2020 in a suit marked FHC/LAG/CP/786/2020, through their lawyer, Mr. Chris Ekemezie, before the court presided over by Justice Muhammad Liman.

They said on October 31, 2011, Bi-Courtney engaged them as consultants for the provision of independent Traffic and Technical Advisory Services for the design, construction, operation and maintenance of the Lagos-Ibadan Toll Road Project. 

They averred that they executed their side of the bargain by diligently performing their duties to the company, “however, the company has failed despite repeated demands to pay for the service. Neither has it taken steps to compromise its indebtedness”.

The firms stated that via a March 6, 2013 letter, Bi-Courtney “not only acknowledged its indebtedness, but also pledged to liquidate its indebtedness by making a monthly payment of $10,000 till the liquidation of the entire indebtedness”, but that it failed to honour the pledge. 

The petitioners “have by their invoices Nos. 06 and 07 both dated May 31, 2012 made demands to the company to pay its indebtedness, a demand the company has neglected to comply with nor taken steps to compromise the indebtedness”. 

They said they issued letters on “June 30, 2017, and May 12, 2020, delivered at the registered office/principal place of business of the company, demanding the company to pay” the debt. 

They further averred that they sent emissaries consisting of top ranking management team to Bi-Courtney and made a passionate plea to the company to pay back its debt all to no avail. 

“The company is insolvent and unable to pay its debt. In the circumstances, it is just and equitable that the company be wound up,” the two companies prayed.

But in a July 20 affidavit filed by Bi-Courtney through its administrative manager, Damilola Ajayi, the company denied the allegation and claimed that the suit was statute-barred. 

Ajayi stated that the petition as constituted is grossly incompetent, lacking in merit and liable to be dismissed.

He further averred that the petition lacks merit because it is based on an alleged debt that is statute-barred, having been filed on July 1, 2020, six years outside the prescribed limitation time as required by section 8, 34(a) and 38 of the Limitation Law of Lagos State.

The deponent further averred that the petition was intended to undermine Bi-Courtney’s financial integrity and operational viability.

Meanwhile, Justice Muhammad Liman, has adjourned till November 13, 2020, for ruling on both applications.

Sponsored
Funsho Arogundade

Recent Posts

Anambra Mourns As Nze Na Ozo Celestine Ekwem Dies In Umuchu

KINGSLEY EBERE  The ancient Umuchu town in Aguata Local Government Area of Anambra State is…

45 minutes ago

President Tinubu: Adeleke’s Victory, A Fitting Assurance That Democracy Will Continue To Flourish In Our Country

President Bola Ahmed Tinubu said the re-election of Governor Ademola Adeleke in the just-concluded Osun…

1 hour ago

From August Meetings To Cultural Festivals: Amadi Deepens Grassroots Engagement

CAJETAN DUKE In continuation of his engagements with communities across Owerri Zone, yesterday Saturday, August…

3 hours ago

Adeleke Emerges As Winner Of Osun Governorship Election

The Independent National Electoral Commission, INEC, has declared incumbent Governor Ademola Adeleke of the Accord…

4 hours ago

Rejection And Reform: The Untold Stories Of Female Ex-Convicts In Nigerian Prisons

CYRIACUS IZUEKWE While the journey out of incarceration is celebrated as a moment of triumph…

6 hours ago

Woman Seeks Return of N1,000 Dowry Paid After 35 Years of Marriage In Kaduna Shari’a Court

AISHA ABUBAKAR   A 60-year-old housewife, Hadiza Abdullahi, has approached a Shari’a Court in Magajin Gari,…

6 hours ago
Sponsored