Court discharges injunction against Onwubuariri

The Federal High Court, Lagos, yesterday, discharged an injunction, which temporarily restrained Mr. Jama Onwubuariri from continuing as Managing Director (MD) of Trucks Transit Parks Ltd (TTP).

Justice Akintayo Aluko had, on August 11, 2022, made the interim order restraining TTP co-founder and Onwubuariri pending hearing and determination of the firm’s motion on notice in suit FHC/L/CS/1501/2022.

This was sequel to an ex parte application by Chinedu Anaje, holding brief for Ghoyega Oyewole (SAN) in the suit filed against Onwubuariri. But Onwubuariri, through his counsel, Mrs. Funke Agbor (SAN), filed an application, challenging the interim injunction, seeking a stay of execution and discharge of said order.

When the matter came up on August 23, 2022 for arguments on the application to discharge the interim order, Agbor argued, among others, that the plaintiff misled the court into granting the order by concealing several material facts.

She contended that the plaintiff did not disclose all the information to the court in the application for injunction. Facts such as the existence of an order of status quo earlier granted by Justice Daniel Osiagor also of the Federal High Court on July 20, 2022, he said were concealed.

The status quo order, Agbor said, was in respect of the same facts and violation of the status quo order by Mr. Temidayo Adeboye, who deposed to the affidavit supporting the plaintiff’s ex parte application for the interim order.

Responding, the plaintiff’s counsel opposed the application for discharge, arguing that it made a disclosure of all the relevant facts and prayed the court not to discharge the order.

After listening to arguments from both sides, the court adjourned till Wednesday, August 31 for ruling on Onwubuariri’s application to discharge the interim order.
Upon resumption yesterday, Justice Aluko upheld Onwubuariri’s argument that the ex parte injunction against him would not have been granted in the first place if the plaintiff fully disclosed the existence of the July 20, 2022 order by Justice Osiagor and other matters before the judge.

In his ruling, the judge noted that the plaintiff obtained the order against Onwubuariri on August 11 2022, by concealing important facts such as a subsisting order of another judge in a similar suit with the same subject matter.

Justice Aluko held: “The subject matter, in this case, bears great similarity and affinity with the one pending before Osiagor J. “I agree with the plaintiff’s counsel that the plaintiff made somewhat disclosure in paragraph 26 of the affidavit in support of the ex parte application regarding pending cases between the parties.

“I also agree with counsel to the defendant that such disclosure is not a full disclosure the law expects from an applicant like the plaintiff to get an interim order of injunction by way of ex parte application.

“The seeming disclosure in paragraph 86 of the affidavit in support of the ex parte application is so scanty or inadequate and cannot be described as anything close to disclosure.”

He continued: “I, therefore, agree with the applicant’s counsel that if all these material facts – which I consider fundamental – were disclosed by the plaintiff before applying for this ex parte order, the order of this court made on August 11, 2022, would have been declined.

“From the foregoing, it is my considered view that had the plaintiff made a disclosure of all the material facts, this court would not have granted the order.

“The appropriate order to make in the circumstances is one discharging the said order.

“The application hereby succeeds. Consequently, the ex parte order of this court made on August 11, 2022 is hereby discharged.”