The Lagos High Court in Ikoyi has set aside an earlier order freezing the bank accounts of Mr. Uche Manu, a property firm, M&N Properties and three others; Mr. Clement Mokedi, Arc Curve Limited and Mr. Gboyega Adewuyi.
The are respondents in suit number LD/602CM/2022, brought by RAVINS Brook Deliveries (Attorney of Mr. Kehinde Bolodeoku), in respect of the construction of five units of three bedroom flats at Plot 6, Block 3, Rock Drive, Off C&l Leasing Drives, Lekki Phase 1.
A Mareva injunction sought by the applicant and granted by the Presiding Judge, Justice Rasul Oriyomi Olukolu, froze the accounts of the respondents on February 21, 2022.
However, Ravins Brook Deliveries, by a Notice of Discontinuance dated 9th May, 2022 sought for the discontinuance of the case.
In an Enrolment of Order issued by the court on 30th May, all the respondents and their banks, were discharged from the Mareva order, which put a lien of their accounts, domiciled with the 20 listed banks.
Ruling on the Notice of Discontinuance moved by the applicant’s counsel, Gbenga Ajala, Justice Olukolu held that “having listened to the submissions of both parties on the issue of cost, I hold that no order as to cost shall be made. In the circumstance, this suit is hereby so wholly discontinued, against all the defendants and all the parties cited in the suit, pursuant to the Notice of Discontinuance dated 9th May, 2022 and the suit is hereby struck out.
“All the defendants and listed Mareva parties 1-20 are also hereby forthwith discharged accordingly from the suit.”
In a 34-paragraph counter-affidavit sighted by Tribune Online and deposed to by the fifth respondent, Manu, he insisted that he and the fourth respondent M&N Properties Limited, had nothing to do with transaction that triggered the case, adding that as a family man, he and M&N, had suffered severe hardship as a result of the injunction that was granted in February 2022.
He asked that the lien placed on his accounts and that of M&N, be removed, while also seeking that the orders sought by the applicant, be disregarded, with respect to him and M&N, by the court.
He further explained that he and the 4th Respondent (M&N) were not parties or privy to the contract that led to the suit and that M&N only acted as an agent to market the property.
Counsel to the applicant, Gbenga Ajala and counsel to the fourth and fifthh respondents, Kennedy Nwaofor informed the court that the first respondent, Clement Nwokedi, settled the matter with the applicant in another suit and on that basis, the applicant’s counsel, Ajala, asked the court to discontinue the suit.