Ecobank Nigeria Limited has appealed a ruling by Justice
Jude Dagat of the Federal High Court in Lagos striking out its winding-up
petition against Honeywell Group Limited and its sister company Anchorage
Leisures Limited.
Justice Dagat delivered the ruling on Monday on the basis
that Ecobank’s suit was an abuse of court process.
But, Ecobank, through its lawyer Kunle Ogunba (SAN), has
lodged two appeals at the Court of Appeal in Lagos against the companies on
seven grounds each.
The bank is praying the court to set aside Justice
Dagat’s consolidated ruling striking out the petition, as well as an order
directing the Chief Judge of the Federal High Court to re-assign the petition
to another judge for hearing.
Ecobank also filed a motion for an order of injunction
restraining Honeywell and Anchorage or their agents from taking advantage of
Justice Dagat’s ruling as it relates to their funds of all the banks in Nigeria
pending the determination of the appeal.
The appellant, in a June 28 letter to Justice Dagat,
urged the court to “urgently assign a date for hearing of the duly filed
injunction in the interest of justice and in pursuance of the abiding tenet to
always hold the scale of justice evenly and balanced between contending
parties.”
Ecobank filed the winding-up petition against Honeywell
Group’s inability to pay an alleged debt to the tune of N5.5billion.
But the companies filed motion on notice seeking to
strike out the petition, following which the court ruled in the companies’
favour.
Ecobank is praying the appellate court to allow its
appeal because Justice Dagat erred in law on several grounds.
In one of the grounds, it said the judge occasioned a
gross miscarriage of justice and erred in law when it struck out the winding-up
petition on the ground that the indebtedness is disputed.
“Learned trial judge occasioned a gross miscarriage of
justice by striking out the appellant’s petition on grounds of an alleged
repayment made outside contract and on terms vehemently opposed by the
appellant,” the bank said.
Ecobank said the judge also erred in holding that its petition
amounted to an abuse of court process because of a suit by the companies
pending before Justice Mohammed Idris of the same court.
“The exercise of a right to commence a fresh action
rather than counter-claim in a previously commenced action by an adversary is
not an abuse of court process,” the bank said.
The appellant said Justice Dagat also erred by holding
that it did not observe all preconditions in commencing the suit because “there
is no precondition to be fulfilled before a party can exercise his
constitutional right of recourse to court.”
The bank added: “Rights guaranteed by the Constitution
are inalienable, fundamental and ranks higher to all statutory provisions
including the provisions of the Companies and Allied Matters Act.”
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