Judge withdraws from hearing firm’s case against bank, others

JPeter 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.