The Federal Court of Appeal, Lagos has reserved judgement on the appeal filed by Honeywell Flour Mills Plc against the ruling of Justice Mohammed Yunusa of the Federal High Court in favour of Ecobank Nigeria Limited.
The Federal Court of Appeal had on the 10th of February, 2016, adjourned the matter to February 22, 2016 for hearing the appeal.
In his argument, lead counsel to Honeywell Flour Mills Plc, Chief Wole Olanipekun SAN, prayed the court to vacate the exparte order granted because it was an abuse of court process.
According to Olanipekun SAN, Ecobank had approached Justice James Tsoho of the Federal High Court, Lagos seeking far reaching restraining orders against Honeywell Flour Mills Plc.
However, Justice Tsoho heard the exparte application by Ecobank but refused same because of a pending suit before Justice Mohammed Idris of the Federal High Court filed by Honeywell as well as the fact that the documents attached to the motion showed that the alleged indebtedness of Honeywell to Ecobank was in dispute.
Olanipekun SAN stated that Ecobank was thereafter directed to put Honeywell Flour Mills Plc on notice.
However, instead of putting Honeywell Flour Mills Plc on notice as directed by Justice Tsoho, Ecobank filed another winding up petition before Justice Mohammed Yunusa in exactly in repetitive terms as the one before Justice Tsoho.
Ecobank also exhibited the same documents as the ones in the matter before Tsoho in which he had refused to grant the exparte order.
He argued that the exparte order which Justice Yunusa subsequently granted to Ecobank contravened Order 4 of winding up rules, which states that an exparte injunction cannot be granted in a winding up application.
Olanipekun SAN prayed the court to vacate the exparte order made by Justice Yunusa because the order has paralysed the operations of the company and threatened the livelihood of over 5,000 Nigerians employed by Honeywell Flour Mills Plc.
He stated that the company has been subjected to unfair restrictions using the instrumentality of the court,
He asked the court to treat the matter as a save our soul (“SOS’’).
Counsel to Ecobank, Mr. Kunle Ogunba opposed the appeal and urged the Court to strike out Honeywell Flour Mills’ appeal.
After hearing arguments and submissions from both counsel, the honourable justices reserved judgement on the matter and stated that a date for ruling would be communicated to both parties
