Order of Mareva Injunction: Industrial Court Restrains Firms from tampering with N65 Million Domicile in Bank

• 3968 Wednesday 3rd July 2019

 

 

PortHarcourt---His Lordship, Hon. Justice Zainab Bashir of the National Industrial Court, Sitting in Porthacourt in a ruling delivered has granted an order of Mareva injunction restraining L.T.T Oil & Gas Nigeria Limited and two others from removing, disposing of or in any manner dissipating the sum of Sixty Five Million Naira domiciled at the Garrison Junction Port-Harcourt Branch of the CITIBank Nigeria Limited pending the hearing and determination of the substantive suit.

 

The court held that the provision for an order for the ‘interim attachment of property’ is a similitude of the order made in an application for Mareva injunction.

 

Arising from the complaint and statement of fact, the Claimant is seeking against the 1^st and 2^nd Defendants jointly and severally for an Order of this Honourable Court directing the Defendants, jointly and severally, to pay to the Claimant the sum of Thirty Nine Million, One Hundred Thousand Naira only (N39,100,000.00) representing expenses incurred by the Claimant in legal tussles affecting the Defendants, the sum of Three Million Seven Hundred and Five Thousand Naira (N3,705,000.00), representing the Claimant’s monthly salaries from July 2017 to May, 2018  among others.

 

The Claimant while commencing the suit also filed a motion ex-parte and motion on notice prayed for An order of Mareva injunction restraining the 1^st, 2^nd and 3^rd  Defendants/Respondents, their agents, servants, privies, howsoever called from removing, dealing with, charging, disposing of or in any manner dissipating the sum of Sixty Five Million, Four Hundred and Sixty-Four Thousand Two Hundred and Sixty-Six Naira Eight Kobo (N65, 464, 266.08) only presently domiciled at the Garrison Junction Port-Harcourt Branch of the 4^th Defendant via current account number; 0112884009 belonging to the 1^st and 2^nd Defendant pending the hearing and determination of the substantive (suit).

 

Reacting to the Claims of the Claimant, the 4^th Defendant- Citibank Nigeria Limited also filed a notice of preliminary objection on the 26^th of March, 2019 for AN ORDER of the Court striking out the name of the 4^th Defendant/Applicant from the suit on the grounds that the Claimant/Respondent failed to disclose any reasonable cause of action against the Applicant, that the suit is incurably incompetent and deserving of being struck out for want of jurisdiction.

 

Counsel submitted further that the Claimant has shown that he is a creditor who has the right to be paid the debt owed to him by the 1^st and 2^nd Defendant and that the debt is due and owing and there is danger that L.T.T Oil & Gas Nigeria Limited, Pan African International Limited, Mohamed Gillen (1^st, 2^nd and 3^rd Defendants) may remove, deal with, charge, dispose of or in any manner deal with the sum in the account maintained with the 4^th Defendant.

 

Delivering the ruling, deciding the matter on merit, the presiding judge, Justice Zainab Bashir held that the Rules of the court have not specifically mentioned Mareva injunction, that the provision for an order for the ‘interim attachment of property’ is a similitude of the order made in an application for Mareva injunction.

 

“I must condescend on the facts intended to establish real and imminent risk that the 1^st and 2^nd Respondent is intending to remove assets from the jurisdiction of this court. Firstly, I reckon paragraph 26 and 29 which has to do with the withdrawal of business activity and non-renewal of rent of the business premises of the 1^st and 2^nd Respondent.

 

Ordinarily, the application for Mareva injunction ought to be granted on an ex-parte application but the 1^st to 3^rd Respondents have been given the opportunity to challenge the application yet the opportunity was not taken.

 

“In view of the fact that this application has been made since July 2018 which is about 11 months ago, the stated sum of N65, 464, 266.08 may no longer be the exact amount in the said account. Consequent upon the omnibus prayer of the Applicant for such further Orders as this Honourable Court may deem fit in the circumstance, I find it apposite to make further Order that the order of Mareva injunction granted shall take effect on whatever sum is available in the current account maintained with the 4^th Defendant by the 1^st and 2^nd Defendant as at the date of the delivery of this ruling and the making of this orders.” Justice Zainab rules

 

Lastly, His Lordship struck out the name of the CITI Bank from the suit for no reasonable cause action.

 

Full Judgment, Click Here

 

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