Court Dismisses Insurance Firm’s Bid To Appeal FCMB’s Possession Of Ashake Estate

A Federal High Court sitting in Lagos has dismissed an
application seeking leave to appeal a February 11, 2020 judgment
which granted First City Monument Bank (FCMB) Ltd possession of
Ashake Estate at Oniru, Victoria Island, Lagos. 
 
Justice A. M. Liman agreed with FCMB that the application, filed by
Law Union and Rock Insurance, was incompetent, having been filed
out of time – over three months after the judgment.
 
Law Union and Rock Insurance had sought leave of court to appeal
the judgment Suit No. FHC/L/CS/130/2019 as an Interested
Party/Applicant, while FCMB is Judgment Creditor/Respondent, and
Mr. Tunji Ogunwusi & Primewaterview Ltd as Judgment
Debtors. 
 
The Interested Party/Applicant filed a motion on notice dated
October 16, 2020 seeking an order granting leave to appeal to the
Court of Appeal as an interested party against the judgment of
Justice Liman delivered on 11, February, 2020. 
 
The Application further prayed the court for an order staying the
execution and or further execution or the enforcement of the
judgment in any manner of the February 11, 2020 judgment pending
hearing and determination of the appeal. 
 
Justice Liman’s judgment of February 11, granted FCMB possession of
Ashake Estate, via a foreclosure order, following Ogunwusi &
Primewaterview Ltd’s alleged debts to the firm.
 
Primewaterview Ltd and Tunji Ogunwusi had entered a Deed of
Tripartite Legal Mortgage as security for a loan allegedly granted
them by FCMB, under which the entire Ashake Estate became
encumbered as security for the loan.
 
When the application came up for hearing on February 18, 2021, Mr.
Nick Omeye Esq. leading Uzuh Olis appeared for the judgment
creditor, FCMB.
 
Oyinkatola Badejo-Okusanya brought an application seeking leave to
appeal against the judgment. Mariam Abdul appeared for the 1st
judgment debtor/applicant and E. C. Azaiono for the 2nd Judgment
debtor/applicant, while Victoria Janah-Ujah appeared for the
applicant seeking to set aside the judgment. 
 
Abdul and Azaiono brought two Motions seeking to set aside the
judgment. But Nick Omeye opposed the applications. He contended
that the judgment is a final judgment and can only be set aside on
grounds of fraud, non-service or lack of jurisdiction, and in the
absence of any of the above grounds as envisaged by Order 14 Rule
10 of the Federal High Court Rules, 2019, the applications are
bound to be dismissed. The court delivered a ruling dismissing the
applications.
 
He also argued a preliminary objection backed by an affidavit sworn
to by Kayode Omijie, opposing the interested party’s motion on
notice for leave to appeal. The counsel observed that the
judgment against which the applicant sought leave to appeal, via an
October 16, 2020 application, was delivered on February 11, 2020,
long after the permissible three months’ period within which to
appeal against a final judgment. 
 
He noted that the law requires that any such application beyond the
three months’ period can only be entertained by the appellate
court. 
 
Nick Omeye said: The application is incompetent. Where a final
judgment has been delivered in a suit, all the parties to the suit
who are dissatisfied with that judgement have only three months
within which to appeal. Where that time has expired, they can only
go to the Court of Appeal.
 
Justice Liman upheld Nick Omeye’s argument. Responding to
Badejo-Okusanya’s argument, the judge said: “How can you apply to
be joined when this matter has been concluded? This application is
struck out. The judgment was delivered on the 11th of February,
2020, and you filed your application on the 16th day of October,
2020.”
 
Nick Omeye further opposed Janah-Ujah’s application to set aside
the judgment. The court upheld the argument. 
 
The case was adjourned till March 25, 2021. 

A Federal High Court sitting in Lagos has dismissed an
application seeking leave to appeal a February 11, 2020 judgment
which granted First City Monument Bank (FCMB) Ltd possession of
Ashake Estate at Oniru, Victoria Island, Lagos. 
 
Justice A. M. Liman agreed with FCMB that the application, filed by
Law Union and Rock Insurance, was incompetent, having been filed
out of time – over three months after the judgment.
 
Law Union and Rock Insurance had sought leave of court to appeal
the judgment Suit No. FHC/L/CS/130/2019 as an Interested
Party/Applicant, while FCMB is Judgment Creditor/Respondent, and
Mr. Tunji Ogunwusi & Primewaterview Ltd as Judgment
Debtors. 
 
The Interested Party/Applicant filed a motion on notice dated
October 16, 2020 seeking an order granting leave to appeal to the
Court of Appeal as an interested party against the judgment of
Justice Liman delivered on 11, February, 2020. 
 
The Application further prayed the court for an order staying the
execution and or further execution or the enforcement of the
judgment in any manner of the February 11, 2020 judgment pending
hearing and determination of the appeal. 
 
Justice Liman’s judgment of February 11, granted FCMB possession of
Ashake Estate, via a foreclosure order, following Ogunwusi &
Primewaterview Ltd’s alleged debts to the firm.
 
Primewaterview Ltd and Tunji Ogunwusi had entered a Deed of
Tripartite Legal Mortgage as security for a loan allegedly granted
them by FCMB, under which the entire Ashake Estate became
encumbered as security for the loan.
 
When the application came up for hearing on February 18, 2021, Mr.
Nick Omeye Esq. leading Uzuh Olis appeared for the judgment
creditor, FCMB.
 
Oyinkatola Badejo-Okusanya brought an application seeking leave to
appeal against the judgment. Mariam Abdul appeared for the 1st
judgment debtor/applicant and E. C. Azaiono for the 2nd Judgment
debtor/applicant, while Victoria Janah-Ujah appeared for the
applicant seeking to set aside the judgment. 
 
Abdul and Azaiono brought two Motions seeking to set aside the
judgment. But Nick Omeye opposed the applications. He contended
that the judgment is a final judgment and can only be set aside on
grounds of fraud, non-service or lack of jurisdiction, and in the
absence of any of the above grounds as envisaged by Order 14 Rule
10 of the Federal High Court Rules, 2019, the applications are
bound to be dismissed. The court delivered a ruling dismissing the
applications.
 
He also argued a preliminary objection backed by an affidavit sworn
to by Kayode Omijie, opposing the interested party’s motion on
notice for leave to appeal. The counsel observed that the
judgment against which the applicant sought leave to appeal, via an
October 16, 2020 application, was delivered on February 11, 2020,
long after the permissible three months’ period within which to
appeal against a final judgment. 
 
He noted that the law requires that any such application beyond the
three months’ period can only be entertained by the appellate
court. 
 
Nick Omeye said: The application is incompetent. Where a final
judgment has been delivered in a suit, all the parties to the suit
who are dissatisfied with that judgement have only three months
within which to appeal. Where that time has expired, they can only
go to the Court of Appeal.
 
Justice Liman upheld Nick Omeye’s argument. Responding to
Badejo-Okusanya’s argument, the judge said: “How can you apply to
be joined when this matter has been concluded? This application is
struck out. The judgment was delivered on the 11th of February,
2020, and you filed your application on the 16th day of October,
2020.”
 
Nick Omeye further opposed Janah-Ujah’s application to set aside
the judgment. The court upheld the argument. 
 
The case was adjourned till March 25, 2021.