Telecommunication giant MTN Nigeria Limited has intensified efforts at frustrating the execution of N45.5 million judgment entered against it by a Lagos High Court in favour of one of its contractors, Procomtel Limited<\/span> The motion, to be heard on Tuesday, was filed\u00a0 few days after the court, presided over by Justice K. A. Jose, dismissed\u00a0 three similar applications earlier brought by the telecom company. The court held that they were incompetent.<\/span> MTN had sued Procomtel, alleging among others, breach of contract, a suit against which Procomtel counter-claimed and prayed the court to enter judgment in its favour.<\/span><\/p>\n At the pre-trial conference stage, Procomtel, relying on Order 19 Rule 4 of the court\u2019s rules, applied that judgment be given against MTN on the ground that it (MTN) admitted in paragraphs 12 and 13 of its statement of claim that it owed the contractor N85,463,577.64.<\/span> Ruling on the application on May 31, Justice Jose upheld Procomtel\u2019s argument that by virtue of Order 17 Rule 6 of the court\u2019s rule, it was only a defendant who could raise a right of set-off in his defence and not a claimant.<\/span><\/p>\n \u201cThe claimant\u2019s (MTN\u2019s) averment in its statement of claim, that it is setting off its liability to the defendant against the defendant\u2019s (Procomtel\u2019s) liability does not have any basis in law,\u201d the court held.<\/span><\/p>\n
It has filed a motion seeking to stay further proceedings in the suit pending the determination of its application before the Court of Appeal, for leave to appeal the judgment.<\/span><\/p>\n
The judgment given in May this year was upon an application by Procomtel, for an order entering judgment against MTN upon its (MTN\u2019s) admission in its pleadings that it owed Procomtel N85,463,577.64.<\/span><\/p>\n
MTN opposed the application, arguing that Procomtel owed it N48, 486,953.73 which, if set-off against the N45, 592,425.20 it owed Procomtel, the company would still need to pay it a balance of N2, 849,528.53.<\/span><\/p>\n