Admin l Wednesday, March 23, 2022
LAGOS, Nigeria – A Federal High Court sitting in Lagos on Wednesday discharged and vacated an exparte order made against Union Homes Savings and Loans Plc.
Justice Daniel Osiagor discharge the order sequel to a motion filed and argued by the counsel to Union Homes Savings and Loans Plc Dr Muiz Banire SAN and Kunle Adegoke SAN.
Justice Osiagor had on the February 24, 2022, made the Exparte order against the financial institutions and appointed a Receiver Managers, while granting an Exparte application filed against it by Union Trustees Limited, in a suit marked FHC/L/CS/02/2022.
The development led to taking over the premises of the firm located at 153, ikorodu road, Onipanu, Lagos by the Receiver Manager appointed by the court.
Perturbed by the order, Union Homes Savings and Loans Plc and two others, Aso Savings and Loans Plc and Union Bank Plc, through their counsel, Dr. Muiz Banire and Kunle Adegoke, both Senoir Advocates of Nigeria (SANs) approached the court with motions to discharge and vacate the order.
However, at the resumed hearing today, counsel to Union Homes Savings and Loans Plc and Aso Savings and Loans Plc, Dr. Muiz Banire (SAN), Mr. Kunle Adegoke (SAN) respectively, argued and moved the motion to discharge the affidavit in support deposed to by Edeking Jegede and Maimuna Chionuma.
The two silk asked the court to discharge and vacate the order on the ground that Plaintiff/Respondent materially misrepresented to, and concealed material facts, engaged in deliberate suppression of facts and that the court lacks the jurisdiction to entertain the matter or make the ex-parte orders in issue.
The two senior lawyers also told the court that the underlying matter amounts to a gross abuse of court process. The plaintiff counsel Ifedayo Adedipe SAN filed a counter-affidavit, urging the court to dismiss the motion.
Ruling on the motion, Justice Osiagor held that “after hearing Dr. Muiz Banire (SAN) for the first Defendnt/Applicant and Mr. Kunle Adegoke (SAN) for the second defendant/Applicant, move in terms of the Motion paper.
“It is hereby ordered that the Orders of this Honourable Court made on the 24th day of February, 2022 but which was served on the 2nd Defendant/Applicant on the 4th day of March 2022 is hereby discharged immediately.” Meanwhile, further hearing on the substantive Suit has been a
