By Innocent Anaba

A firm, B4G Consulting Ltd., has asked a Lagos State High Court to restrain Systems Applications Products, SAP, from dissipating $3,371,945.27 and N5 million with 28 respondents, including 21 banks, pending the hearing and determination of an alleged contract breach suit.

The claimant is further seeking a Mareva injunction restraining all respondents from releasing to the SAP funds or other instruments belonging to the SAP and held with the respondents up to the value of $3,371,945.27 and N5 million pending the determination of the suit.

It is further seeking a Mareva injunction restraining the respondents from releasing to SAP any funds or other instruments belonging to SAP and held with the respondents up to the value of $3,371,945.27 and N5 million pending the hearing and determination of this suit.

The suit, which was formerly before Justice Ogunjobi, has now been reassigned to Justice Ashade and adjourned till March 26.

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B4G Consulting Ltd and another, represented by Mr David Ogebe, are the claimants in the suit, while SAP and Systems Applications Products (Africa Region) (Proprietary) Ltd are the defendants, and are represented by Adedapo Tunde-Olowu(SAN).

But 26 others are nominal respondents in the application for a Mareva injunction.

Apart from the Mareva injunction, the claimant is also seeking “an order directing the defendants to pay to the claimants $83,169.78, being outstanding and unpaid sums; $117. 60 in respect of hoteling for eight consultants from January to September 2010 and $267, 792 being pay for services of consultants between July and September 2010;

“An order directing the defendants to pay the full 10 per centum face value of the Enterprise Resource Planning System contract as valued at its date of completion, less previous payments to the claimants;

“Or in the alternative, an order directing the defendants to pay $3,371.945.27, being the balance of payments due to the claimants in respect of their entitlement to 10 per cent of the face value of the Enterprise Resource Planning System contract, among others.”

B4G Consulting stated in its July 27, 2020, amended statement of claim that sometime in 2009, the defendants engaged it to help broker, procure negotiate, secure and implement an Enterprise Resource Planning System (ERP) contract.

The claimant added that it commenced the supply or provision of services in line with the terms of its engagement by SAP, but before it could provide the minimum 10 per cent of the ERP contract, claimant’s provision of services was halted by SAP vide letter dated July 12, 2010.

It said that SAP without any investigation whatsoever and without hearing at all from the claimants issued a letter dated July 12, 2010, unilaterally imposing fresh contractual terms on the parties, including demanding exclusion of the physical presence of the second claimant from the project.

It stated that despite the claimant’s letters in response dated July 20 and August 12, 2010, respectively, SAP ignored these letters.

But opposing the claimant’s prayer in its February 22, amended statement of defence, the defendants described the claimant’s case as frivolous, an abuse of court processes and should be struck out with substantial costs against the claimants.

Vanguard News Nigeria