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Leave was yesterday granted to Ecobank to join Dr Oba Otudeko, Flour Mills of Nigeria Plc and Honeywell Group Limited as additional defendants to the counter-claim filed by Ecobank seeking to recover monies pursuant to the judgment delivered by the Supreme Court of Nigeria in favour of the bank on January 27, 2023.
The leave was granted by Justice Yellim Bogoro of a Federal High Court in Ikoyi, Lagos making an order in Suit marked FHC/L/CS/352/2023 following Ecobank’s application filed by its lawyer, Mr Kunle Ogunba (SAN).
The plaintiffs/respondents in the suit are Anchorage Leisures Limited, Siloam Global Limited and Honeywell Flour Mills Plc, while the defendant/applicant in the suit is Ecobank.
In specific terms, Justice Bogoro granted two out of the bank’s four prayers as contained in its Motion on Notice.
The prayers granted by the judge are ”An order for extension of time and/or leave of the court for the defendant/applicant to file and serve its counterclaim to the suit.
"An order granting leave to the defendant/counterclaimant to join (1) Mr Oba Otudeko; (2), Honeywell Group Limited and (3) Flour Mills of Nigeria Plc as additional defendants to the counterclaim”.
Other prayers which were withdrawn by Mr Ogunba (SAN) and struck out by the court are “An order amending the Statement of Defence, Witness Statement on Oath and List of Documents to include the facts/documents related to the counterclaim as contained in the attached Amendment Statement of Defence and counterclaim.
“An order deeming the already filed and served counterclaim dated 22nd May 2023 as having been properly filed and served”.
The counsel for the plaintiffs is Bode Olanipekun (SAN), while Taiwo Osipintan (SAN) appeared for the applicant in a motion seeking to strike out some paragraphs of Ecobank’s preliminary objection. C. I Umeche appeared for Flour Mills of Nigeria Plc.
While proceedings lasted on the matter, Taiwo Osipintan (SAN) posited that “We received a letter from Ecobank indicating its intention to withdraw some of the paragraphs we’re objecting to and prayers 4 and 5 of the applicant’s motion dated 5th of April 2023”.
But in his response, Ogunba (SAN) informed the court that his intention to withdraw the paragraphs was not new.
According to Ogunba, "We had indicated that we would withdraw it at the last adjourned date, but we took a formal step by writing to counsel.
“We equally have a motion dated the 22nd of May 2023. It’s seeking an extension of time to file our counterclaim and also leave to join additional defendants to the counterclaim, subject to the overriding convenience of the court, I hereby move in terms of the motion.”
Olanipekun, who, however, did not oppose the application, said, “I am not opposed to the application”.
On his part, counsel for Flour Mills, Umeche argued that the Motion on Notice of the counterclaimant is grossly incompetent because the applicant failed to wait for the court to consider the propriety of the application before proceeding to file the counterclaim.
The matter has been adjourned until July 19, 2023, for a report of service.
It would be recalled that the plaintiffs had filed the suit against the Bank after the Supreme Court judgment which affirmed the indebtedness of the Honeywell companies to Ecobank.
Olanipekun (SAN), who represented the plaintiffs had also filed a motion dated February 28, 2023, seeking to restrain Ecobank from demanding payment of any sum in excess of the difference between N5.5bn and N3.5bn, after the judgment of the Supreme Court in favour of the bank.
The Supreme Court's judgment stated that the plaintiffs must pay all their debt to the bank in line with the contract documents executed by the parties.
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