By Bartholomew Madukwe

A cleric, Reverend Supo Ayokunle, has asked a Federal High Court in Ibadan to grant his application to extend the time within which he could apply for an order setting aside judgment of the court delivered on March 26, 2013.

In suit No. FHC/IB/CS/7/2012, the cleric, through his lawyer, Mr. Femi Aborisade, argued that on  August 11 and 14 , 2009, the Respondent/Judgment Debtor/Applicant paid N690,000 to the Respondent and two of his business partners for the supply of SYVA PHOTOMETER machine and re-agent needed for its calibration.

According to the applicant, the respondent and two of his business partners failed to supply a functional SYVA PHOTOMETER machine.

“The first machine supplied was not functional and the Applicant rejected it without taking delivery. The Applicant/Judgment creditor/Applicant paid an additional sum of money as a loan to them  to enable them supply another functional PHOTOMETER machine.

“The second machine which the Respondent and two of his business partners supplied was also not functional. Therefore, on November 26, 2010, the Applicant again returned the second machine. As a result of the failure of the Applicant/Judgment creditor/Respondent and his business partners to perform their part of the contract, the applicant reported the respondent’s and his business partners to the Nigerian Police Force on allegation of fraudulent business conduct.

“This led to the invitation of the Respondent by the Police (on two occasions) and his release on bail. The Police advised the claimant to institute a civil action as the transaction involved simple contract,”the Applicant stated.

It was gathered that the respondent, by a letter dated May 6, 2015, written by his solicitor, denied being a business partner in any partnership and claimed that there was already a judgment of the court declaring him a mediator rather than a partner in a partnership and that the applicant was a party to the suit.