A-Court reserve ruling in Honeywell Vs Ecobank suit

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(Nigeria) The Court of Appeal sitting in Lagos has reserved judgment in the appeal by Honeywell Flour Mills’ appeal against the ex-parte orders granted by Justice Mohammed Yunusa of the High Court, Lagos in favour of Ecobank Nigeria Limited.
Lead counsel to Honeywell Flour Mills, Chief Wole Olanipekun, SAN, at the resumes hearing in the appeal on Monday, reiterated the business of the day, stating that the matter was for hearing of pending applications and the appeal.
Olanipekun reminded the court that Justice John Tsoho of the Federal High Court,  heard the ex-parte application and refused same because of the pending suit before Justice Mohammed Idris‎ as well as the fact that the documents attached to the motion showed that the alleged debt was in dispute.
He 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 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 ex-parte order.
He argued that the ex-parte order was against Order 4 of winding up rules that there cannot be an ex-parte injunction in a winding up application.
Olanipekun prayed the court to vacate the order exeparte made my Justice Yunusa of the lower court (Federal High Court) as the order has paralyzed the operations of the company and the livelihood of over 5,000 Nigerians employed by Honeywell.
He stated that the company has been subjected to unfair restrictions using the instrumentality of the court. He enjoined the court to treat the matter as an ‘’SOS’’.
Counsel to Ecobank, Mr. Kunle Ogunba, SAN, opposed the appeal.
He prayed the court to allow a preliminary objection, strike out the appeal, adopt the argument contained in his reply brief and rule on the cross appeal.
After hearing arguments and submissions from both counsels, the Justices reserved judgment on the matter.
A date for ruling would subsequently be communicated to both parties.

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