The Federal High Court sitting in Lagos has set aside an ex parte order of Mareva Injunction, made against Cleanserve Integrated Energy Solutions Limited, on the ground that the petition that led to the order was incompetent and a nullity.
Justice Akintayo Aluko while striking out the petition dated May 19, 2023 and all other court processes filed by a law firm, Citipoint (Legal Practitioners) which gave birth to the Exparte order, also set aside the execution of the ex parte order dated August 3, 2023, which was carried out on or about August 21, 2023, against Cleanserve Integrated Energy Solutions Limited.
The court presided over by Justice Nicholas
Oweibo had on August 3, 2023, made and ex parte order for winding up of Cleanserve Integrated Energy Solutions Limited, after hearing the petitioner’s counsel, Mr. Adeyinka Olumide-Fusika (SAN), in Chamber, who moved the ex parte motion for such order.
However, upon the execution of the ex parte order by the petitioner, Mr. Olalekan Abdul, the affected company, Cleanserve Integrated Energy Solutions Limited, through its lawyer, Mr. Babajide Koku (SAN), approached the court for setting aside of both the ex parte order and its execution.
Koku (SAN) who led Toheeb Ipaye, told the court that application to set aside Exparte order was founded on nine grounds, which are:
“That the suit herein is improperly constituted. That the ex-parte order of 3rd August, 2023 was obtained by misrepresentation and concealment of facts from this honourable court.
“That at the time the ex-parte order of 3rd August, 2023 was granted, the Petitioner/Party Affected appeal against the judgment in FHC/L/CP/03/2021 had been entered at the Court of Appeal.
“That at the time the ex-parte order of 3rd August, 2023 was granted, there were applications pending at the Federal High Court and Court of Appeal seeking stay of execution and injunction -pending appeal of the judgment in FHC/L/CP/03/2021.
“That the ex-parte order of this honourable court made herein on the 3 of August, 2023 was sought from this honourable court purportedly on behalf of Cleanserve Integrated Energy Solutions Limited.
“That Cleanserve Integrated Energy Solutions Ltd did not authorise such an application to be made on its behalf.
“That Cleanserve Integrated Energy Solutions Limited did not authorise the institution of this suit/petition.
“That the ex parte order of 3rd August 2023 is a nullity.
“That the representation of Cleanserve Integrated Energy Solutions Limited by the Law Firm of Citipoint (Legal Practitioners) should be discountenanced as such representation violates the provisions of Rule 17 of the Rules of the Professional Conduct for Legal Practitioners.”
In urging the court to set aside the order, the senior lawyer submitted that Olalekan Abdul got the order ex parte on behalf of Cleanserve as a result of misrepresentation and concealment of material facts.
He also argued that Olalekan Abdul and his counsel lacked authorisation to file the petition and obtain the ex parte order on behalf of the company, adding that the proceedings on behalf of Clearnserve without authorisation amounts to a nullity.
He further submitted that the ex parte order was obtained at a time when the company and others had filed an appeal which was already entered and motion for execution was pending.
Counsel reiterated that the, appeal was entered on July 11, 2023 while the ex parte order was made on August 3,2023.
He contended that Olalekan Abdul concealed this material fact from the court to obtain the ex parte order.
Koku submitted that the petition and the ex parte order amounted to an abuse of court.
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