Alh Abdullahi Usman Vs Zhai Fen Quan: Court Adjourn For Hearing To 19 January, Order Parties To Maintain Statusquo

Yakubu Busari

In the Federal High Court of Nigeria holding in Jos Division, Plateau State chapter in a suit No , FHC/J/108/2013 between Alh . Abdullahi Adamu Usman plaintiff against Mr .Zhai Pengqua & 1 ors  Defendants justice Monica Agishi has adjourned to the 19th January 2022 and ruled on motion on notice by ordering parties to maintain statusquo pending the determination of the substantive matter.

 

 

Honorable Justice while delivering ruling on the motion on notice by Alh Abdullahi Usman and solid units Nigeria limited, justice Agishi referred to the order of justice A.L.Allagoa that on the plaintiff application dated 18th December 2013 were the plaintiff praying for the following relief sought an interlocutory injunction restraining the 1st defendant from parading himself as the director /agent whatsoever capacity pending the hearing and determination of this suit.

 

Secondly, an order restraining the 1st defendant his agents, privies, assigns, and representatives from acting in any way prejudicial to the 2nd plaintiff by selling or mismanaging any of its properties pending the hearing and determination of the motion on notice.

 

 

According to the order, that it is further ordered that the parties should take steps to ensure that all the 2nd plaintiff movable properties be kept in a warehouse if any and such movable properties to be safeguarded by such security agencies as the parties may procure pending the determination of substantive action.

 

That also in view of the preservative orders and the need for the 2nd plaintiff business to move on , justice Allagoa says I hereby order for accelerated hearing in this matter . and that the matter then be adjourned to the 5th ,6th, and 7th of March,2014 for hearing delivered by the presiding judge on the 5th February, 2014.

 

 

However, under the notice by Alh Abdullahi Usman plaintiff against Mr Zhai Feng Quan & 1 ors , corporate affairs commission that the properties under litigation are properly secure and not to be temper or removed by anybody pending the determination of the substantive matter signed by the then registrar .H.G Nasir ESq .

 

 

Speaking to media shortly after the ruling counsel to the defendant, Barr. N.A Idoko expressed satisfaction made by the order of justice Monica Agishi that she affirmed the earlier injunction of February 2014.

 

 

He explained further that the court has reviewed that the injunction still is maintained so the statusquo still maintains that nobody should interfere with the properties of solid units Nigeria limited enforced so that is the order of the court.

 

Idoko said , the issue is that both parties Alh Abdullahi Usman plaintiff, and Zhai Geng Quan the defendant who is Chinese that both parties should stay off the properties which is located at company Zurrak in Wase Local Government Area of Plateau state.

 

He stressed that the substantive matter is the main issue in the contention that the subject matters the position of directorship of the company.

 

Meanwhile, the counsel to the plaintiff, Barr. Bulus Danboyi disclosed that the dismissal of the application by the Court ordering that statusquo pending in 2014 be maintained is a well-taken decision but they are frowning that inventory of the court where the police took custody of the list of the company access was not taken into consideration.

 

He said on the 20th February 2019 when the learned counsel on the other side apply that the order made by Hon.Justice Allagoa dated 5th February 2014 ordered that statusquo be maintained and counsel to the plaintiff conceal to the application and now that the court affirmed the decision that said order remains valid.

 

According to him, our query is that the same order was reviewed thereafter because same by the same Justice Allagoa so we thou that the court attention could have been drawn to the order made by Hon Justice Allagoa dated 17th March 2014 after that order on 5th February 2014 such prevailing circumstance that led to an order of 17th March 2014.

 

Barr. Danboyi stated that so the thing is relevant at the time they pronounced it but My Lord, order that our application lacks merit and dismiss that so I totally agreed with the ruling but what is a position of an issue on the ground before going ahead to make that order.

 

He reiterated that the important aspect of the issue is that the court made this order through the court registrar by informing the Nigeria Police Force to take inventory of the company properties of movable items and keep them in their custody so assume that everything is under the police custody.