$10m debt: Why vacation judge refused to hear Shoprite’s application

$10m debt: Why vacation judge refused to hear Shoprite’s application

Monday, September 7, 2020 5:26 pm


…that is to set aside restraining order

…details of debt

By Akin Kuponiyi

A Federal High Court sitting in Lagos south west Nigeria today refused to hear an application filed to lift an order of injunction restraining South African retail outlet, Shoprite Checkers (PTY) Limited, from transferring its assets.

The presiding vacation Judge, Justice Nicholas Oweibo, said that the matter was not urgent enough to be heard during the  vacation period.

Shoprite is seeking to overturn a 14 July, 2020 order of injunction made by Justice Mohammed Liman of the same court jurisdiction in favour of a Nigerian Company, A.I.C. Limited.

A.I.C. Limited, in 2018 secured a $10m judgment against Shoprite in a breach of contract suit, it obtained the order of injunction base on information that Shoprite is about to pull out of Nigeria.

Justice Liman restrained Shoprite “from transferring, assigning, charging, disposing of its trademark, franchise and intellectual property in a manner that will alter, dissipate or remove these non-cash assets and other assets, including but not limited to trade receivables, trade payables, payment for purchase of merchandise, from within the jurisdiction of this honourable court.”

Justice Liman also mandated the second respondent, Retail Supermarket Nigeria Limited, “to disclose its audited financial statements for the years ending 2018 and 2019 to enable the judgment creditor/applicant to determine the judgment debtor’s/respondent’s funds in its custody in order to preserve same in satisfaction of the judgment of the Court of Appeal in Appeal No: CA/L/288/2018.”

$10million judgment was in 2018 entered in favour of A.I.C. Limited against Shoprite by Justice Lateef Lawal-Akapo of the Lagos State High Court in Ikeja.

Dissatisfied with the judgment, Shoprite   appealed  the judgement, but the appellate court afirmed the judgement of the lower court.Thereafter Shoprite lodged appeal at the Supreme Court.



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