28th January, 2016
The suit between Honeywell Flour Mills Plc. and Ecobank Limited came up for hearing before the Lagos Division of the Court of Appeal today Wednesday, 27th January, 2016.
The appeal filed by Honeywell Flour Mills Plc. against the exparte orders granted at the instance of Ecobank Limited by Justice Yunusa on 18th November, 2015 and his ruling delivered on 4th December, 2015 relating to the freezing and the grant of limited access to Honeywell’s account, respectively, came up before the Court of Appeal on Wednesday, 27th January,2016
Counsel to Honeywell Flour Mills Plc. Dr. Dapo Olanipekun informed the court of two pending applications:
One was a motion on notice dated 14th December, 2015 praying for the following orders:
An order directing the Registrar of the Federal High Court to release/ transmit the case file and record of proceeding of the suit to the Court of Appeal.
An order suspending the exparte orders made by the Federal High Court on 18th November, 2015.
In the alternative to the above, an order, varying the orders of the Federal High Court delivered on 4th December, 2015.
The second application is a motion dated 20th January, 2016, praying the court to hear the appeal on Honeywell’s brief of argument when Ecobank failed to respond to Honeywell’s appeal. Over one month later, Ecobank responded to the appeal. As a result of Ecobank’s eventual response, Honeywell therefore withdrew this application.
Counsel to Ecobank, Mr. Kunle Ogunba, informed the court that he got a short notice that the matter was set down for hearing and that he would need more time to prepare for the hearing of the substantive suit.
The lead counsel to Honeywell Flour Mills Plc., Oluyele Delano, urged the court to give a short adjourned date in view of the fact that the matter is “scandalous” and the need for the court to expedite the adjudication of the matter. In response to Mr. Delano’s application, the court adjourned the matter to 10th February, 2016 for the hearing of all pending applications. The court further stated that it may proceed with the hearing of the substance of the matter on the same day.
With this new development, litigants aiming to stall the judicial process through the use of court procedural rules may be surprised at how dynamic the Judiciary would be, by rising up to the occasion to ensure quick and timely dispensation of Justice to enhance economic development of Nigerian citizens.