Abuja Court of Appeal
The Court of Appeal in Enugu has adjourned to a but to be decided date to rule on an software filed by GTBank to amend its movement of enchantment towards the judgment of a Federal High Court in its dispute with Innoson Motors.
At the resumed listening to of the matter on Thursday, counsel for GTB, Wole Olanipekun (SAN), knowledgeable the court docket that the bank wished to withdraw an earlier movement it filed within the matter.
However, counsel for Innoson Motors, Prof. McCarthy Mbadugha, opposed GTB’s software for the withdrawal of the movement, which sought an extension of time to answer a counter-affidavit filed by Innoson Motors towards the bank’s movement to amend the discover of enchantment.
He argued that GTB couldn’t be allowed to maneuver an software earlier than the court docket because it had but to adjust to an excellent court docket order.
He maintained that for the reason that enchantment had been entered on the Supreme Court, the Court of Appeal lacked the powers to entertain it.
However, Olanipekun argued that after an software for withdrawal had been made, the applicant might withdraw his software, and such an software for withdrawal couldn’t be opposed.
The panel of the Court of Appeal, led by Justice Helen Ogunwumiju, upheld Olanipekun’s argument.