A Federal High Court sitting in Lagos on Wednesday vacated an ex parte order it made against Union Homes Savings and Loans Plc.
Justice Daniel Osiagor discharged 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 on February 24, 2022, made the order against the financial institutions and appointed a Receiver-Manager, while granting an application by Union Trustees Limited, in a suit marked FHC/L/CS/02/2022.
The order led to the taking over of the firm’s premises at 153, Ikorodu Road, Onipanu Lagos by the Receiver-Manager.
Dissatisfied, Union Homes Savings and Loans Plc and two others – Aso Savings and Loans Plc and Union Bank Plc challenged the order.
They approached the court through their counsel Dr. Muiz Banire and Kunle Adegoke – both Senior Advocates of Nigeria (SANs) – with motions to discharge and vacate the order.
At the resumption of proceedings, the lawyers argued that the Plaintiff/Respondent materially misrepresented the state of affairs to the court.
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They contended further that the Plaintiff/Respondent concealed material facts adding that the court lacked the jurisdiction to entertain the matter or make the ex-parte orders.
According to them, the underlying matter amounts to gross abuse of court process.
But the plaintiff opposed them through its counsel Ifedayo Adedipe SAN.
Adedipe filed a counter-affidavit praying the court to dismiss the motion as, according to him, it did not disclose any infraction that could have prevented the obtaining of the ex parte order.
Ruling on the motion, Justice Osiagor upheld Banire and Adegoke’s prayers.
The judge held: “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.”
He adjourned further hearing on the substantive suit till April 23.