A Federal High Court, Lagos, yesterday, vacated an ex-parte order made against Union Homes Savings and Loans Plc.
Justice Daniel Osiagor discharged the order, following a motion filed and argued by counsel to Union Homes Savings and Loans Plc., Dr. Muiz Banire (SAN) and Kunle Adegoke (SAN).
Osiagor had, on February 24, 2022, made the order against the financial institution and appointed a Receiver Manager in an application filed by Union Trustees Limited, in a suit marked FHC/L/CS/02/2022.
The development led to the taking over of 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, approached the court with motions to discharge and vacate the order.
At the resumption of hearing yesterday, the defendants’ counsel argued and moved the motion to discharge the order with an affidavit in support of the motion.
They asked the court to discharge and vacate the order on the ground that the plaintiff/respondent misrepresented 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.
The two senior lawyers also told the court that the underlying matter amounts to gross abuse of the court process.
The plaintiff’s counsel, Ifedayo Adedipe (SAN), filed a counter-affidavit and urged the court to dismiss the motion, as it does not disclose any infraction done in obtaining the ex-parte order.
Ruling on the motion, Osiagor said: “It is hereby ordered that the orders of this honourable court made on February 24, 2022, but which was served on the 2nd defendant/applicant on March 4, 2022, is hereby discharged immediately.”
Further hearing on the substantive suit has been adjourned till April 23.
Ojelabi, the publisher of Freelanews, is an award winning and professionally trained mass communicator and a recipient of the D9112 Superstar Icon Award, who writes ruthlessly about pop culture, religion, politics and entertainment.
