Justice Safari of a Lagos State High Court sitting in Eti-Osa has fixed March 7, 2024, to hear a pending application relating to a fundamental rights suit initiated by A4 Realty Limited against six companies and had awarded cost against three of the respondents for scuttling the trial.
A4 Realty Limited had filed a fundamental rights suit against the companies on allegations of encroaching on its land and is seeking a court order to protect and preserve its right to a property situated at Ojomo Chieftaincy Layout in Eti-Osa, which it purchased from Access Bank Plc.
The fundamental rights suit commenced in August 2021 with an Originating summon in October 2023 and the court fixed Tuesday, January 30, 2024 for hearing of all party’s applications.
At the resumption of the trial, Applicant Counsel and 4th Respondent’s Counsel; Gbenga Ajala with Ife Omonijo and Fanen Anem with N. C. Mutfwang announced their appearance respectively.
Thereafter the judge drew their attention to a letter seeking adjournment written by the Access Bank PLC’s counsel and Ajala and Fanen opposed the application on the ground that they were never served.
In their respective oral applications, they urged the court to award costs against the counsel and his counterpart for Trebesak Nigeria Limited for truncating the business of the day by their absence.
In his bench ruling, Justice Safari agreed that counsel to Access Bank Plc ought to have written to his colleagues as well as substantiating the basis for his application with proof. He also noted that Trebesak Nigeria Limited neither wrote nor appeared in court.
Consequently, both having failed to be present on a date fixed for the hearing were ordered to pay both the A4 Realty Limited and Economic and Financial Crimes Commission the sum of #100,000 each before the next date.
and then