Justice Peter Lifu of the Federal High Court, Lagos has transferred the case filed by a construction company, Borini Prono & Co. Nigeria Limited against the United Bank for Africa (UBA) Plc and Olamide Owolegbon for reassignment following his transfer to the Abuja division of the court.
The judge disclosed this during the proceeding, saying that he could no longer hear the matter because he has been transferred out of the jurisdiction.
At the resumed hearing, the plaintiff’s counsel, Mr. Ajibola Dalley (SAN) while briefing the court on the events that transpired after the previous proceedings, told court that the defendants vandalised the applicant’s property.
He said the applicant on September 13, 2023 commenced the suit by way of originating summons, to injunct the respondents, particularly the 2nd respondent from selling, attaching, marketing, advertising for sale, selling, and/or in any way disposing of the property, funds, assets and equipment of the applicant, pending the hearing and determination of the applicant’s motion on notice.
“Owing to the respondents’ frantic efforts to illegally, without the courts, sell off the applicant’s assets and properties situate at 11 Burma Road, Apapa, Lagos, and Mosimi, Shagamu, Ogun State the applicant filed a motion ex parte dated October 6, 2023.
“The motion ex parte is seeking an order of interim injunction to restrain the 2nd respondent, either directly or indirectly, or through his solicitors, agents, servants, privies or assigns from parading himself as the receiver manager of the 1st respondent, and/or selling, attaching, marketing, advertising for sale and/or in any way disposing of the property, funds, assets and equipment of the applicant, pending the hearing and determination of the applicant’s motion on notice and the originating summons,” he said.
Dalley further told the court that the motion ex parte was argued on October 23, 2023 and the court ordered the respondents to show cause within the next 72 hours why the order being sought should not be granted and the orders be served on the respondent by the close of business on October 23, 2023, while October 30, 2023 was fixed for further proceedings.
The respondents, Dalley said, filed an affidavit to show cause dated October 26, 2023 and their notice of preliminary objection dated October 27, 2023 and a Counter-Affidavit and written address dated October 26, 2023.
He said: “On October 30, 2023, parties were represented in court, however due to the unfortunate and untimely passing of Justice F.O Riman proceedings were adjourned.
“Since December 23, 2023, to date, respondents continued to illegally vandalise and plunder the applicants property and assets located at 11 Burma Road Apapa and Mosimi, Shagamu, Ogun State.
“My Lord this is all evidenced in detail by the graphic images of what can only be described as an active crime scene, in our further affidavit dated January 18, 2024 and the affidavit in support of our most recent application to set aside the illegal execution dated January 17, 2024, on grounds of lis pendis.”
However, the respondents’ counsel, Mr. Temilolu Adamolekun said that the respondents have complied with the court order and that they have filed an affidavit to show cause dated October 26, 2023.
Adamolekun noted that they were served with the application two days ago and the application is not ripe for hearing. He said: “Our motion captured an oral application dated January 15, 2024. I am surprised at the submission of learned silk. We were served two days ago. The application is not ripe for hearing. I have not read it. I just returned out of jurisdiction. We intend to file our response.”
Following their submissions, Justice Lifu said he will not be able to continue with the case.
“I will not be able to go on in this case. I was here due to some of the criminal cases pending for judgments and rulings. I will return the case file to the admin judge for reassignment and note the expeditious aspect of it so as to be heard expeditiously. This suit is so transferred,” he ruled. The parties are therefore waiting for reassignment and a new date from another judge.
Credit: Barristerng
