Court Awards Cost Against Access Bank Plc, Trebesak Limited for Delaying Trial
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 against Access Bank Plc.
The presiding judge, Justice Safari also awarded cost against Access Bank plc and other respondents for delaying the trial.
The judge ordered the 1st Respondent, Access Bank, Trebesak Limited, and the 6th Respondent to pay the sum of one hundred thousand nairas each for their absence which makes the matter suffer a setback.
A4 Realty Limited had filed a fundamental rights suit against Access Bank Plc and five others over their encroachment of its land.
The complainant 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.
Subsequently, the court fixed Tuesday 30th January 2024 for a 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 1st Applicant Access Bank PLC’s Counsel.
Both Ajala and Fanen opposed the application as they were never served.
In their respective oral applications, they urged the court to award costs against the said 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, having both 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.
