By Lukman Olabiyi
Justice Akintunde Savage of the Lagos State High Court, Ikeja has restrained the Chief Executive Officer of Chemstar Group, Dr Emmanuel Awode from selling or leasing out a property allegedly belonging to his partner, Ms Funmi Abike Taylor.
The court also ordered the claimant to serve the respondent by pasting the court processes on the business premises or his residential address.
The judge order was sequel to a Motion Exparte filed by the claimant, Ms Funmi Abike Taylor through her counsel, Mr Wahab Shittu (SAN) in a suit marked ID/11039GCMW/2024 against Dr Emmanuel Aderemi Awode as respondent.
The claimant filed two applications before the court, the first application dated April 8, 2024, is seeking an order of the court for substituted service and it is supported by five paragraphs affidavit.
While the second one dated March 20, 2024 is a motion exparte attached with affidavit of 35 paragraphs with written address in support of the motion.
However, while moving his application as granted by the court, Shittu (SAN) his application brought pursuant to Order 43 Rule 1 & 2 of the High Court Civil Procedure Rules 2019, and section 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended. He urged the court to grant the applications.
He argued that the application is necessary to preserve the Res, noted that the respondent is determined to forcefully convert the properties to his own.
He submitted that, ” the ‘res’ should be protected and maintain the status quo. There is abundant evidence from the affidavit evidence before the court that there is need to preserve the Res, else it will be frittered away even before the case is decided.
“The affidavit evidence has shown the activities of the defendant who is determined without due process to forcefully convert the properties to his own.’
Shittu therefore submitted that it is wise and reasonable to put the matter on hold pending the determination of the applicant for interlocutory injunction. He urged the court to grant an order of interim injunction.
The judge in his ruling said upon reading hough the applications and hearing the learned silk submission, granted the claimant prayer of substituted service and aso granted an interim injunction, “restraining “the defendant/respondent either by themselves, privies, assigns, agents of anyone acting on his behalf from selling, mortgaging, leasing, intermeddling, snooping and or continuous trespass on these six properties:
” Five Bedroom Duplex with two Room Service Quarters located Block 104, Plot 26. Lekki 1, Lagos. Plot 0446 of the Royal Garden Estate, Ajah Village in the Eti-Osa Local. Government Area of Lagos State and two units of four Bedroom & 1 BQ semi-detached House, located at La Vida, Lekki, Lagos.
” Property located at Plot A5, Vintage Park Estate, Lagos State and Five Units Apartments at “Paramount Residence” Lekla, Lagos. And also the four Bedroom duo luxury maisonette at IME height, Lagos (Foreshore Waters Limited).”