A Federal High Court sitting in Lagos on Wednesday have discharged and vacated an Exparte order 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 had on February 24, 2022, made the Exparte order against the financial institutions as well-appointed a Reciever Managers, while granting an Exparte application filed against it by Union Trustees Limited, in a suit marked FHC/L/CS/02/2022.
The development which led to the taking over the premises of the firms located at 153, Ikorodu road, Onipanu, Lagos by the Receiver Manager appointed by the court.
Perturbed with 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 of 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 with 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 file a counter-affidavit urging the court to dismiss the motion as does not disclose any infraction done I’m obtaining the experte order
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 adjourned till April 23
