A firm, Assorted Foods and Integrated Beverages has described as unacceptable, the planned take over of a property at Plot No. 136 Aminu Kano Crescent, Wuse II, Abuja, by the Asset Management Company of Nigeria AMCON.
Assorted Foods, through their lawyer, Mr. Osuagwu Ugochukwu of Peace and Anti-Corruption Advocacy, in a press statement, called on AMCON to thread with caution.
On May 16th 2018 in suit No. FHC/ABJ/CS/352/2015 AMCON got a favourable Judgment allowing it to take possession of the said Plot No 136, Aminu Kano Crescent Wuse II.
However, on the same day also, the Assorted Foods filed a notice of appeal and motion for injunction, asking the court to restrain AMCON from executing the judgement..
The appeal was served on AMCON through their counsel, Joe Dappa & Co on May 16th 2018.
In the statement, Ugochukwu said, ”It has been brought to our knowledge and based on court processes furnished by assorted foods and integrated beverages that it appears that AMCON is not ready to await Court of Appeal decision in a matter involving it and Assorted Foods as to the ownership and right to possession in respect of Plot No 136, Aminu Kano Crescent Wuse II.
”Aside all these, records also show that the respondent (AMCON) filed responses to the appeal process to contest the appeal dated 21st May, 2018.
”By these, it is clear that parties have again submitted themselves to the Court of Appeal and it is expected that both parties are to sheathe their swords and patiently await the final decision of the Court of Appeal which incidentally from records has been slated for May 6th,2020.
”AMCON should respect the doctrine of lis pendence, which prevents the transfer of rights in the property which is the subject matter of an action pending in Appeal Court, Abuja, for it would be plainly impossible that any action or suit could be brought to a successful termination, if alienation pendent lite were allowed to prevail”.
.he said the Appellant (Assorted Foods), by a letter of petition submitted to the Court of Appeal on 21/11/2019 alleged that AMCON brought 30 mobile policemen to chase out tenants in the building at Plot 136, Amino Kano Crescent. Wuse II.
It is also condemnable and an assault to sensibilities that AMCON staff could detain the Court of Appeal Bailiff, Mr. Emeka Obiakor who came to serve it with the Appellant’s Notice of Appeal, motion for injunction and other appeal documents on 18/11/2019.
He said this is an unacceptable conduct where parties are before the higher court.
He therefore, urge AMCON to thread with caution and await the final decision of the Court of Appeal over the subject matter.
