The Court of Appeal sitting in Enugu has adjourned till a date yet to be determined, its ruling on the applications brought before it by Innoson Group and Guaranty Trust Bank.
The Supreme Court had referred both parties to the court.
Wole Olanipekun (SAN), counsel for GTB, informed the court that the bank wished to withdraw an earlier motion it filed which sought an extension of time to respond to a counter-affidavit filed by Innoson Motors.
However, McCarthy Mbadugha, counsel for Innoson Motors, opposed GTB’s application for the withdrawal of the motion.
Mbadugha argued that GTB would not be heard until it complies with the court order that it pays the judgment debt to the deputy chief registrar of the court which will pay same into an interest yielding account in a reputable bank.
He said the court of appeal lacked the powers to entertain it since the appeal had been entered at the Supreme Court.
In his submission, Olanipekun said what is before the Supreme Court is an appeal on an interlocutory application, which is totally different from the substantive suit being argued by the parties
He argued that once an application for withdrawal had been made, the applicant could withdraw his application, and such an application for withdrawal couldn’t be opposed.
Source: The Cable