Justice Olateru Olagbegi of a Lagos High Court has ordered the French embassy in Nigeria, Mr. Dovi Amouzou, a senior officer in the embassy and Christopher Racinet to pay N4, 171, 500, 00 to an automobile firm, Floride Automobile Limited.
The amount is the the cost of purchase of a MAN diesel 32.281 tipper, 1990 model.
Floride Automobile Limited had in a Motion on Notice brought pursuant to Order 20 Rule 1 of the Lagos High Court (Civil Procedure) Rules, 2004 and under the inherent jurisdiction of the court urged the court to enter judgement against the defendants.
Justice Olagbegi obliged the claimant, but held that the claimant’s requests for a management fee, debit interest, cost of capital tied down as well as unrealised profit, would have to be proved by evidence.
He adjourned the suit until October 20 for trial and directed the claimant’s counsel to put the defendants on notice.
The claimant in suit No- LD/382/2010 filed by its lawyer Akin Akinrotimi had stated that in 2008, Racinet and some other officials of the French embassy visited its office on behalf and on authority of the embassy, to induce a trade relationship between Nigerian firms and French firms.
The claimant averred that pursuant to the discussion, Racinet introduced Dovi Amouzou as having an office at Couleurs D’ Afrique, France and was persuaded to trade with him.
The firm averred that by virtue of the introduction and assurance by the Racinet as an accredited staff member of the French Embassy, it placed an order for a MAN Diesel 3.2281 tipper 1990 model , white colour with Chassis no-200,590 from Amouzou at the total price 16.686 Euros.
Besides, the claimant stated that on February 21, 2008, its chief executive officer visited the office of Amouzou in France where he was shown via the internet the picture of the tipper and having been persuaded by the involvement of the embassy, he proceeded to consummate the transaction by making an initial deposit of ?4, 600 Euros.
The claimant added that in order to be able to conclude the transaction, it obtained credit facilities from a financial institution at an exorbitant market price and thereafter on April 4, 2008, made a further transfer of ?7000 with Amouzou.
The claimant stated that after payments were made and shipment of the vehicle was not forthcoming from Amouzou, the claimant cancelled the order and demanded the immediate refund of the money paid.
The claimant added that despite several letters written to the defendants by its solicitors, the defendants were yet to respond till date.
It therefore prayed the court to enter judgement against the defendants.