Business
Court dismisses ₦170m Trade Fair contract claim, says Zenith Bank was not a party
The Federal High Court in Abuja ruled that Micheleti & Tal Limited filed its claim outside the statutory limitation period and found no reasonable cause of action against Zenith Bank.
The Federal High Court in Abuja has dismissed a claim of about ₦170 million filed by Micheleti & Tal Limited against the Federal Ministry of Trade and Investment over a contract to rehabilitate the Lagos International Trade Fair Complex.
Justice James Omotosho delivered the judgment on October 12, 2026, ruling that the company’s action was statute-barred because it was instituted after the legally prescribed period for bringing the claim had expired.
The court also struck out Zenith Bank Plc as a defendant, holding that the financial institution was not a party to the contract between the company and the ministry and that no reasonable cause of action had been established against it.
The dispute arose from a rehabilitation contract dated October 14, 2005. Micheleti & Tal sought outstanding payments, damages, litigation costs and accrued interest, with the total claim estimated at about ₦170 million.
Shay Tal, a director of Micheleti & Tal, told the court that the company had substantially performed its obligations under the contract, helping the ministry host the ECOWAS Trade Fair at the Lagos International Conference Centre.
He said the company subsequently wrote several letters demanding payment of the outstanding balance but alleged that the amount remained unpaid.
According to court reports published by Nairametrics and Economy Post, the company had demanded ₦97,646,146 as an outstanding balance on October 28, 2005, from a total amount of ₦292,853,854 it claimed was owed.
The court examined when the company’s cause of action arose and when it commenced legal proceedings.
Justice Omotosho held that the company had until October 27, 2011, to institute the action under the applicable limitation period. However, the suit was filed in December 2011, after the deadline had passed.
The judge concluded that the delay rendered the claim statute-barred, meaning the company could no longer pursue the action in court because it had exceeded the legally permitted time limit.
Zenith Bank argued that it had no contractual relationship with Micheleti & Tal and should not have been joined in the suit.
Adebisi Ogunleye, a branch head at the bank, told the court in a statement on oath that the financial institution was not a party to the rehabilitation contract and had no separate agreement with the ministry concerning the performance of the project.
The bank maintained that a payment instruction issued by the ministry on October 14, 2005, merely directed it to pay ₦150 million to the claimant. It argued that the instruction did not make it responsible for the ministry’s contractual obligations.
Justice Omotosho accepted the bank’s position, holding that the relationship between Zenith Bank and the ministry was that of banker and customer.
The judge reasoned that the bank was required to act in accordance with its customer’s instructions and could not be held liable for obligations arising from a separate contract to which it was not a party.
The court consequently struck out Zenith Bank from the proceedings for want of a reasonable cause of action against it.
The judgment brings the company’s attempt to recover the disputed sum through the suit to an end at the Federal High Court, with the court finding that the claim against the ministry was filed too late.
The ruling on the limitation period did not amount to a finding that the company had never performed work under the contract. Rather, the court determined that the action was brought outside the time allowed by law.
The decision also distinguished the ministry’s alleged contractual obligations from the bank’s role in carrying out its customer’s payment instructions.
The reports reviewed did not establish whether Micheleti & Tal Limited intends to appeal the judgment.
Sources: Nairametrics, October 15, 2026; Economy Post, October 16, 2026; TheNigeriaLawyer, October 16, 2026.
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