Court Vacates Exparte Order against Union Homes

Wale Igbintade

A Federal High Court sitting in Lagos yesterday discharged and vacated an Exparte Order made against Union Homes Savings and Loans Plc.

Justice Daniel Osiagor discharged the order following  a motion filed and argued by the counsel to Union Homes Savings and Loans Plc, Dr Muiz Banire, SAN.

Justice Osiagor had on the February 24, 2022, made the exparte order against the financial institution as well appointed a Receiver Manager, 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 at 153, Ikorodu Road, Onipanu, Lagos by the Receiver Manager appointed by the court.

Dissatisfied with the order, Union Homes Savings and Loans Plc and two others, Aso Savings and Loans Plc and Union Bank Plc, through their counsels, Dr. Banire and Kunle Adegoke,  approached the court with motions to discharge and vacate the order.

However, at the resumed hearing yesterday, counsel to Union Homes Savings and Loans Plc and Aso Savings and Loans Plc, Banire and  Adegoke (SAN), argued and moved the motion to discharge with the affidavit in support deposed to by Edeking Jegede and Maimuna Chionuma.

They  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 exparte 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 as it  does not disclose any infraction done in obtaining the exparte 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, moved 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.”

The matter has been adjourned till April 23 for hearing of substantive suit.