Monrovia – Winrock International and the United States Agency for International Development (USAID) accused of breach of contract are yet to respond to a writ of summons from the Commercial Court at the Temple of Justice.
Report by: Kennedy L. Yangian [email protected]
Court record indicates that the Writ of Summons from the Commercial Court was issued on the two entities, inviting them for a hearing during the May 2016 Term of the court.
The writ under the caption- writ of summons by publication and mailing under the signature of the Clerk Enoch Garlawolo instructing the Sheriff of the court, Nathaniel Gildersleeves states:
“You are hereby commanded to summon by publication and mailing Winnock International 1st defendant to appear before the Commercial Court, Temple Of Justice sitting in its May 2016 Term of Court on June 1, 2016 to answer to a complaint”.
Another part of the writ states: “You will return the original writ of summons by publication and mailing to the Clerk’s office on or before May 20, 2016 with the official return on the back thereof as to the manner and form of its service”.
The Court also indicated that June 1, 2016 has since expired without the legal counsels of the two entities appearing neither have they filed any return to the writ of summons as requested by the Clerk of the Commercial Court.
According to the Management of the Semoh Group of Companies Inc., the companies that filed the complaint of breach of contract against Winnock International it indicated that on May 1, 2014 the company entered and signed agreement with the defendants for the construction of the Kwendin Biomas Electircity pilot project for use by the people of Kwendin in Nimba County.
The company stated that the initial contract price for the construction of the project was in the amount of US$296,535.56 while notifications to the original contract were initiated and effected with an additional cost of US$82,507.80 thus increasing the contract value to US$379,043.37 and the duration of the initial contract was from May 1, 2014 to September 30, 2014, but due to the Ebola outbreak the contract was extended from September 29, 2014 to October 14, 2014.
According to the company Winnock International allegedly told them that in order to be qualified for this contract they should obtain an overdraft from the Afriland First Bank in the amount of US$150,000.00 to send two of their staffs to Ghana to finalize arrangements for the procurement of the poles and cables outside of the terms and conditions of the contract but up to present the staffs are still in Ghana.
The Plaintiff also indicated that on October 1, 2014, they received a stop order from the Senior Procurement Manager of Winnock Sindy Langston and that on February 2 and 26 2015 they received two emails from USAID for a joint visit to the project site but to their dismay while the contract was still in effect the said project was advertised by USAID and given to another company without notice to the plaintiff.
According to the plaintiff, while the contract was under their control and has deployed a huge quantity of resources and manpower, USAID without any color of right and advertised the said contract.
“Wherefore and in view of the foregoing facts and circumstances, plaintiff prays your honor and the court to order the defendants to pay them the amount of US$ 379,043.37 as specific damages and US$ 4,500,000.00 as general damages” said the plaintiff.