In a landmark ruling, a court in Lagos has ordered Ecobank Nigeria, the leading pan-African bank with operations in 36 countries across the continent, to pay N72.2 billion in damages to Honeywell Flour Mills Plc, a prominent conglomerate based in Nigeria.
The judgment comes after a protracted legal battle between the two entities.
Honeywell Flour Mills, which operates in diversified businesses, including foods and agriculture, telecommunication and infrastructure, real estate, and financial services, filed the suit (FHC/L/CS/1554/2018) against Ecobank Nigeria in 2018.
The suit sought redress for losses incurred due to an ex-parte asset freezing order granted to Ecobank Nigeria in 2015.
During the proceedings, counsel to Honeywell Flour Mills, Bode Olanipekun, SAN, argued that the ex-parte orders obtained by Ecobank were deemed frivolous by the Supreme Court, indicating that the application itself was improper.
As a result, Honeywell Flour Mills sought damages for the significant harm and financial losses inflicted on its business operations.
According to Vanguard, Justice Liman presiding over the case held that “The plaintiff’s right to the damages sought had crystallized, and the plaintiff had a right to maintain this action.”
The court dismissed Ecobank’s arguments, stating that they had no basis, and awarded all four reliefs sought by Honeywell Flour Mills to the tune of N72.2 billion in its entirety.
In response to the judgment, Bode Olanipekun, SAN, expressed satisfaction, stating, “It’s a commendable decision and precedent in an area of our jurisprudence that has been scarcely tested.
The court has awarded damages in a claim brought on the premise of an undertaking given for the grant of ex-parte orders which both the Court of Appeal and Supreme Court have found were improperly sought and granted.”
The ruling highlights the importance of legal accountability in the banking and financial sectors, and it serves as a significant precedent in similar cases within the Nigerian jurisdiction.
As both companies continue their operations, the judgment underscores the need for financial institutions to act responsibly and transparently in their dealings with businesses and clients
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