REPORT OF CASE MANAGEMENT CONFERENCE

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO: LAG/CIVLO4/15

BETWEEN

KROWN NIGERIA LTD ………………………………………………………………………….. CLAIMANT AND

KAT NIGERIA LTD ………………………………………………………… DEFENDANT

REPORT ON CASE MANAGEMENT CONFERENCE

A series of case management conference was conducted between 6th January 2015 and January 2015 between the Plaintiff and Defendant concerning issues raised in their respective pleadings. The Plaintiff and Defendant above, having participated in the series of pre-trial conference, settled matters on the following:

Joining Other Parties:

The Plaintiff joins Chief Olabiwoninu Owolabi, Executive Director Operation of KAT

NIGERIA Ltd as second defendant to the suit which was admitted by KAT NIGERIA Ltd. The second defendant joined in this suit is deemed to be a necessary party.

Preliminary Objection of Defendant:

The Defendant objected to the suit of the Plaintiff on the fact that a clause asking the parties to subject themselves to arbitration in case of dispute was not exhausted before resulting to litigation. The objection was dismissed on the basis of ambiguity of the arbitration clause

Amending Pleadings or any Other Processes:

The Defendant sought to amend by substituting the name "KAT NIGERIA Ltd" as "KAT

NIGERIA PLC" as a result of change in the status of the company from private limited company to public limited company. This was resolved amicably.

The Defendant again amended paragraph 4 of its statement of defence to exclude the word "only". The amended version now reads:

The Defendant admit that the 20(twenty) buses are proceeds of their joint contract but were meant to be used for the purposes of furtherance of the contract between the Plaintiff and Defendant.

The Plaintiff also amended certain words which were typographical errors on the face of its statement of claim about 4(four) times before the close of the pre-trial conference.

Filing Motions:

Since the Plaintiff also alleges that the Defendant intends to sell the 20(twenty) buses in two days time in his statement of claim, it is better such matter is dealt with separately through the filing of appropriate motion for the preservation of the res.