Justice Olabisi Ogungbesan of the Lagos State High Court will deliver a ruling on September 26th regarding the legal status of Pan Atlantic University.
The court will determine if the university is a juristic entity that can be sued.
Professor Nduka Otiono, the claimant, filed a lawsuit against Mrs. Josephine Effah-Chukwuma, the wife of late Innocent Chukwuma, and Pan-Atlantic University over a breach of contract related to the biography of late Innocent Chukwuma.
The defendants’ lawyer, A.O Okafor, argued that Pan-Atlantic University is not a legal entity that can be sued.
However, the claimant’s lawyer, Chief Uche Ihediwa (SAN), countered that statutes confer juristic personality on corporate entities, and the court rules merely provide for how categories of juristic persons may be sued.
Professor Otiono stated that he was approached by the Ford Foundation to write a biography of late Innocent Chukwuma and negotiated a contract with the defendants.
He claimed that the defendants breached the contract terms by failing to approve the manuscript within 30 days and terminating the contract without payment for the completed work.
The claimant is seeking a declaration that the defendants breached the contract terms and payment for the completed work.
The defendants alleged that the claimant breached the terms of reference by celebrating Innocent Chukwuma’s anniversary on Facebook.
The court’s ruling on September 26th will determine the legal status of Pan Atlantic University and the outcome of the breach of contract case.
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