From Adekunle Jimoh, Ilorin
Asa Investments Limited, owned by the late Dr Olusola Saraki’s family, has challenged the August 6 ruling of the High Court in Ilorin.
The court lifted the interim order earlier imposed on the state, which prevented it from interfering with the three plots of land at GRA housing the Ile Arugbo.
Asa Investments filed the process for stay of execution, pursuant to Order 11 Rule (1) of the Kwara State High Court, to stop implementation of the ruling pending hearing and determination of the appeal.
Justice Abiodun Adebara of the High Court had so ruled, following the absence of the lawyer representing Asa Investments, Akin Onigbinde, an action he saw as a delay tactic.
In its appeal, Asa Investments said the judge erred in law and failed to exercise his discretionary powers judicially and judiciously when he refused an application by the plaintiff’s lawyer.
The appellant argued that the judge erred when he vacated the interim injunction pending determination of the motion on notice for interlocutory injunction filed by Asa Investments since the motion on notice had not been determined by the trial court.
It challenged the award of N250,000 against it, a decision it said was made in error since it was in court and its lawyer had a genuine reason for being absent.
Asa Investment said Justice Adebara decided in error when he failed to consider that parties to the case had not completed their pleadings by virtue of Order 27 of the Kwara State (Civil Procedures) Rules 2005, thereby breaching the right to fair hearing.
Asa Investments sought an order for stay of the August 6 ruling of the High Court, stay of further proceedings and an order ‘restraining the respondents, by themselves or through their servants, agents, privies or otherwise howsoever described, from taking any step or further step in recognition or in pursuance of the ruling pending hearing and determination of the appeal lodged by the applicant against it at the Court of Appeal, Ilorin Judicial Division’.