Categories: LAW

Refusal To Comply With Consent Judgment Of December 2021: Court Orders Gravitas Company Accounts In 26 Banks To Be Frozen Over N3.5b Debt

<h4>Refusal To Comply With Consent Judgment Of December 2021<&sol;h4>&NewLine;<h4><&sol;h4>&NewLine;<p><strong><a href&equals;"https&colon;&sol;&sol;openlife&period;ng&sol;">OpenLife Nigeria<&sol;a><&sol;strong> reports that a Federal High Court sitting in Lagos has ordered that the accounts of Gravitas Investments Limited in 26 banks should be frozen&period;<&sol;p>&NewLine;<p>This order comes in a bid to satisfy judgement sum of N3&comma;520&comma;976&comma;013&comma; standing to the credit of the company in any of its accounts domiciled with the 26 commercial banks listed before the court&period;<&sol;p>&NewLine;<p>The order of the presiding Judge&comma; Justice Chukwujekwu Aneke&comma; was sequel to an application&comma; accompanied with sworn affidavit of the General manager of West Africa Dredging and Marine Technology company&comma; Isaac Koloko and filed and argued before the court by a Lagos lawyer Barrister Louis Akanimo&period;<&sol;p>&NewLine;<p>Mr&period; Koloko alleged that on&comma; 10th December&comma; 2021&comma; the presiding Judge Chukwujekwu Aneke&comma;entered judgment in this suit against Gravitas Investment Limited&comma;in a Consent judgement&period;<&sol;p>&NewLine;<p>The said Consent Judgment is still wholly unsatisfied by the company as the company has failed&comma; refused and neglected to comply with the Consent Judgment of the Court made on the 10th day of December 2021&period;<&sol;p>&NewLine;<p>Indeed the company failed to liquidate the entirety of the Judgment Debt in full on or before 3rd of December 2023&comma; as specifically stipulated by the Consent Judgment&period;<&sol;p>&NewLine;<p>The company failed to meet its payment obligation on several of the quarterly tranche payments due in the year 2023&comma; as stipulated by the Consent Judgment&period;<&sol;p>&NewLine;<p>Out of the total Judgment Debt of 4&comma;301&comma;707&comma;500 &lpar;Four Billion&comma;Three Hundred and One Million&comma; Seven Hundred and Seven Thousand&comma; Five Hundred Naira Only&rpar; due as at the date of the Consent Judgment&comma; the company only paid the Applicant&comma; West Africa Dredging and Marine Technologies&comma; the sum of N2&comma;366&comma;853&comma;750 &lpar;Two Billion&comma;Three Hundred and Sixty-Six Million&comma; Eight Hundred and Fifty-Three Thousand&comma; Seven Hundred and Fifty Naira Only&period;<&sol;p>&NewLine;<p>That left  a balance&comma;on the principal&comma; of N2&comma;009&comma;853&comma;750 &lpar;Two Billion&comma; Nine Million&comma; Eight Hundred and Fifty-Three Thousand&comma; Seven Hundred and Fifty Naira Only&rpar;&semi;meeting its tranche payment obligation to the Applicant under the Consent Judgment as and when due&comma; a total of N1&comma;511&comma;121&comma;263&period;00 &lpar;One Billion&comma; Five Hundred and Eleven Million&comma; One Hundred and Twenty-One Thousand&comma;Two on the Judgment Debt as at 30th April 2024&period;<&sol;p>&NewLine;<p>Both outstanding &lpar;Three Billion&comma;Five Hundred and Twenty Million&comma; Nine Hundred and Seventy-Six Thousand&comma; Thirteen Naira Only&rpar; remain unpaid till date&period;<&sol;p>&NewLine;<p>The last tranche of the judgment sum sought to be attached became due on 31st of December&comma;2023 which is more than two years as at the date of filing this Application&comma;yet the Judgment Sum&sol;debt remains due&comma; partially unsatisfied and continues to accrue interest under the said Consent Judgment&period;<&sol;p>&NewLine;<p>The company maintains bank accounts with the 26 commercial banks who are indigenous companies licenced to undertake banking business and related financial services in Nigeria&comma; and that unless the Court so orders&comma; the banks are unlikely to disclose the money due to the Judgment Debtor or pay it over to the Judgement Creditor in satisfaction of the outstanding Judgment Sum&period;<&sol;p>&NewLine;<p>The Consent Judgment sought to be enforced was delivered more than two &lpar;2&rpar; years ago&period;<br &sol;>&NewLine;After listening to the submission of Barrister Lious Akanimo&comma;the presiding Judge&comma;Justice Chukwujekwu Aneke ordered as follows &colon;-<br &sol;>&NewLine;<em><strong>Order is made granting leave to attach the sum of N3&comma;520&comma;976&comma;013&lpar;Three Billion&comma; Five Hundred and Twenty Million&comma;Nine Hundred and Seventy-Six Thousand&comma; Thirteen Naira Only&rpar;&lpar;&&num;8220&semi;Judgment Sum&&num;8221&semi;&period;&rpar;<&sol;strong><&sol;em><&sol;p>&NewLine;<p><em><strong>Or any sum maximum of N3&comma;520&comma;976&comma;013 &lpar;<a href&equals;"https&colon;&sol;&sol;www&period;vanguardngr&period;com&sol;">Three Billion&comma; Five Hundred and Twenty Million&comma;Nine Hundred and Seventy-Six Thousand&comma; Thirteen Naira Only<&sol;a>&rpar;&comma;standing to the credit of the Judgment Debtor in any of its accounts domiciled with the banks respectively&comma; for the satisfaction of the Judgment sum due from the Judgment Debtor to the Applicant&comma; as at 30th April&comma; 2024 pursuant to the Consent Judgment of the court&period;<&sol;strong><&sol;em><&sol;p>&NewLine;<p>An order is made directing the banks to respectively prepare and file before this Court duly certified Statements of accounts showing the Judgment Debtor&&num;8217&semi;s financial position with each banks as at the date of this Honourable Court&&num;8217&semi;s order&period;<&sol;p>&NewLine;<p>An order is made that the cost of this proceedings&comma; as assessed by the Court shall be attached together with the Judgment Sum&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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