The technical consortium that helped GreenArp Project Limited, linked to business mogul, Chief Kessington Adebutu, also known as Baba Ijebu, win the concession of the National Stadium in Lagos, has urged the High Court of the Federal Capital Territory (FCT) to turn down the request by the concessionaire to stay proceedings in an alleged N50 million debt suit.
The consortium’s appeal was predicated on the grounds that GreenArps, besides attempting to truncate the trial, has not filed its defense in the suit, marked FCT/HC/CV/57/2025.
The claimant, Raji Rasaq Adeshina, who sued on behalf of himself and other technical partners, had through his lawyer, Austin Otah, had on January 10 dragged GreenArps before Justice Abdulrahman Usman, sitting at Kwali, Abuja, seeking an order of court directing the defendant to pay its remaining balance of N50 million as well as the interest that has accrued since 2023.
The claimant alleged that GreenArps defaulted in the full payment of negotiated fees and further services rendered by the consortium, which directly led to the company’s successful concession bid for the National Stadium, Lagos, in November 2023.
However, rather than file its defence, GreenArps filed a Notice of Preliminary Objection, challenging the jurisdiction of the court to entertain the matter on the grounds that the failure of the claimant to sign the Writ of the Certified True Copy robbed the court of necessary jurisdiction.
The court, however, on April 16 assumed jurisdiction in the case and further declined the claimant’s application to transfer the suit to the undefended list and enter judgment in his favour, and ordered a fast-track procedure.
He then fixed May 9 for commencement of the hearing.
At the sitting of May 9, the defendant informed the court of filing a motion for stay of proceedings, filed on May 9, pending an appeal at the Court of Appeal, Abuja.
The motion for stay sought to upturn and set aside the April 16 ruling of the trial court, which assumed jurisdiction in the matter and also ordered transfer of the case from the undefended list to the general cause list on fast track procedure.
The judge then fixed Friday, May 16, to hear the application for stay of proceedings pending the decision of the appellate court.
At the resumed hearing in the case last Friday, GreenArps’ lawyer, Babatunde Ige, submitted that the court’s efforts would be in futility if his appeal succeeds.
He had faulted the court’s ruling on jurisdiction, claiming that claimant’s lawyer did not sign the Writ of the Certified True Copy, served on the defendant, saying that such rendered the document incompetent and lacking in merit.
“Where the Writ is unsigned there is no valid Writ to activate the jurisdictional of this Court,” Ige argued.
He then urged the court to adjourn further proceedings in the case till the appellate court concludes on his appeal against the April 16 ruling of the court.
Responding, counsel for the claimant, Austin Otah, urged the court to dismiss the motion for being incompetent on the grounds that there was nothing attached to it to show that an appeal had been entered at the Court of Appeal.
According to the claimant’s counsel, “Apart from the fact that the submissions are incompetent, what they are requesting cannot be given.
“My lord could see from what they attached to the document by them that they have not filed an appeal that is ready before the Court of Appeal for adjudication.
“It should not constitute a bar to the proceedings and the business of this court, especially when it is on fast track.”
Otah further urged that the appeal should not be allowed to constitute a bar to the hearing at the trial court, submitting that the case is one of liquidated money demand and for the defendant to show whether or not it has a defence.
“They did not seek leave first here at the lower court before filing an application before the Court of Appeal,” he told the court.
He, therefore, urged the court to dismiss the application for being an abuse of the court process.
After taking submissions for and against the motion for stay, Justice Usman fixed Monday, May 19, for ruling.
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