Obat Oil has appealed the judgment by an Abuja High Court sitting in Jabi, ordering the sale of its Febson Hotel and Mall located at 2425 Herbert Macaulay Way.
It filed an application for stay of execution of the judgment, immediately the judgement was pronounced.
Mr Ojo, the company’s lawyer, filed two grounds notice of appeal at the Court of Appeal in Abuja.
The company contended that the trial judge “erred in law”, by not declining jurisdiction to entertain and grant Ecobank’s motion on notice dated October 18, 2019.
The lawyer argued that the court ought to decline jurisdiction because the judgment debt sought to be enforced by Ecobank had been assigned to ETI Specialised Finance Company.
Obat Oil also argued that the judge erred in law because he relied on the reply affidavit filed by the judgment creditor on November 5, 2019, “after the judgment creditor had started its address in respect of the motion on notice filed on October 1, 2019 without obtaining the leave of the trial court to file the said reply affidavit”.
The firm argued that the judge arrived at a decision that occasioned, “grave miscarriage of justice” by relying on such reply affidavit.
In its motion for stay of execution of the judgment, which it filed before the same trial judge at the FCT High Court, Jabi, Obat Oil sought an order of injunction and stay of execution “restraining Ecobank from enforcing it pending the determination of its appeal against the said judgment.”