A Federal High Court sitting in Akure has ordered the unfreezing of bank accounts of wood export processing company, MEENS Nigeria Limited and three others.
The Court presided over by Justice A.A Demi-Ajayi, set aside an Ex parte order earlier granted the Asset Management Corporation of Nigeria (AMCON). and Heritage Bank PLC , also stayed the order of execution of the company's property.
The court quashed the February 11, 2021 order secured by the bank on the ground of misrepresentation of the true facts, fraud, subjudice and lack of jurisdiction.
In the suit number: FHC/AK//CS/89/2020, AMCON and Heritage Bank Plc are the Claimants/Respondents while the Defendants/Applicants are MEENS Nigeria Limited, Alhaji Maliki Sabo Usman, Alhaji Ede Usman and Alhaji Raji Usman.
AMCON and Heritage Bank Plc had on February 11, 2021, obtained an Ex parte order of the court to freeze the company's accounts and take possession of the movable and immovable property over of the Defendants over alleged loan indebtedness.
Dissatisfied with the order, the company which processed wood with international partners in the USA and Europe had approached the Court via a Motion on Notice dated July 18, 2021 praying for an order setting aside the earlier order granted by the Court and stay of further execution.
They contended that the order was obtained by fraudulent means with representation of the true facts, subjudice and an abuse of Court process.
The Defendants in the claims, averred that the bank is owing them money, stating that they were paid money in foreign currency from their overseas partners through the bank, but was not remitted into their accounts.
The Court which frowned at the earlier order, noted that the Defendants / Applicants were not aware of the pendency of the matter which came up on February 11, 2021.
“The Court is bound by its records which show that a Motion Ex parte for substituted service of the Originating process on the Defendants/Applicants was also ordered on the same day that the Motion Ex parte Order in contention was granted by this Court.
According to the Court, the contention between the Bank and the company at financial claims against the other and there is a pending suit at the Supreme Court.
“The Court finds that it is not proper for the Claimants/Respondents to have filed this case together with the Motion Ex parte without seeing to the end of the Supreme Court matter
which they instituted.
"The court is of the humble view that the action of the Claimants/Respondent in the substantive suit is premature as they ought to have waited for the outcome of the Supreme Court matter which is still pending before taking the next step.
Justice Demi- Ajayi, who held that the February 11, 2021, Ex parte motion was null and void and of no effect, since the substantive suit was premature.
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