An indigenous oil company, Nestol Oil, Continental Acquisitions Limited and their directors have urged a Federal High Court, Lagos, presided by Justice chukwujekwu Aneke, to set aside an Exparte order made against them in favour of Drawcock Estates Limited and Chief Ajibola A. Aribisala, for being abuse of Court process, concealment and suppression of material facts and forum shopping.
Nestol Oil and other respondents who include: Dr. Azudialu Obiejesi and six others, prayed the court for setting aside of the Exparte order in a motion on notice filed by their team of lawyers led by the dou of Chino Edmund Obiagwu and Mohammed S. Diri, both Senior Advocates of Nigeria (SANs).
Other listed as respondent in the suit is the Deputy Sheriff, Federal High Court, Lagos.
It would be recall that justice Aneke, had on November 17, 2025, granted a motion Exparte filed and moved by Chief Aribisala, ordered the applicant in the suit marked FHC/ABJ/CS/2336/2025, to take over the properties and monies in all Nigeria banks belonging to the Nestol and others over alleged indebtedness.
However, in a swift move to stop the execution of the Exparte order, Nestol Oil and others respondents through their lawyers have filed a motion describing the Exparte order as an abuse of Court process and concealment/suppression of material facts.
The motion, according to the Nestol Oil and others is pursuant to Order 26 Rules 1, 2 & 6(1); Order 29 of the Federal High Court (Civil Procedure) Rules 2019: Sections 6; 6 (b) and 36(1)(2) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended); Sections 553-554 of Companies and Allied Matters Act 2020 and under the court’s inherent jurisdiction.
Nestol Oil and others specifically prayed the court for the followings: “an order setting aside the ex parte order made by this Honourable court in this suit on November 17, 2025.
“An order staying execution of the ev parte order of this Honourable Court made in this suit on 17th November 2025.
“An order of injunction restraining the Deputy Sheriff, Federal High Court Lagos, from levying execution or taking any step to execute and or authorise the execution of the exparte order made by this Honourable Court in this suit on November 17 2025.
“An order of injunction restraining the plaintiff/respondent, either by itself. andor by the purported appointed Receiver/Manager, servants, agents, officers, affiliates or any other person(s) howsoever described from taking any step or undertaking any action to levy execution and or initiate the execution. or take any step to interfere with, take possession of, or attempt to take possession of, and or to take over any asset of the Defendants Applicants or take possession of Nestoil Towers 45 46 Akin Adesola Street, Victoria Island, Lagos or disrupt or attempt to disrupt any asset or operations of any of the Defendants Applicants, and or take steps to implement or execute the e. parte order made by this Honourable Court in this suit on November 17, 2025.
“An order setting aside the originating summons and ali other processes filed by the Plaintiffs Respondents in this suit for want of
jurisdiction in this Honourable.”
In urging the court to grant their requests, Nestol Oil and others cited Abuse Of Process, stating that “This matter is already pending in this Court before Hon Justice A. Lewis-Allagoa in Suit No: FHC/L/CS/1812/2024 Between Drawcok Estate Limited & 3 Others vs Guaranty Trust Bank Plc & 4 Others, and before the Court of Appeal Lagos in Appeal No: CA/LAG/PRE/ROA/CV/66MI/2025
“The pending suit before this court and the interlocutory appeal by the instant Plaintiff-Respondent before the Court of Appeal are on the same subject matter, the same issues and between the same parties.
“On 8th October 2014, Hon Justice A. Lewis-Allagoa granted an interim injunction restraining the instant Plaintiff Respondent and Guarantee Trust Bank Ple as 1* Defendant therein suit from interfering in the subject matter of this suit. including appointment of a Receiver/manager. See Order No 5 in order of 8 October 2024 attached to the affidavit herein as Exhibit A.
“On 21st October 2024, the said order was extended till the hearing and determination of the motion on notice for interlocutory injunction. The said motion on notice is still pending till date, and has been adjourned several times at the instant of the instant Plaintiff/Respondent.
“On 26th November 2024, the court granted the 2nd Defendant in that suit leave to abridge time to 48 hours within which all the parties may file their responses to its application to discharge the interim order of injunction aforesaid.
“Despite the harmless nature of the order which was directed at all parties for the speedy hearing of the suit, the instant plaintiff/respondent in this suit, (who purports that the 1st defendant in that suit before Lewis-Allagoa J appointed him receiver/manager unlawfully appealed to the Court of Appeal Lagos against the order of abridgment of time, and brought an application for stay of proceedings at the Court of Appeal.
“That suit has been adjourned several times at the instance of the plaintiffs in this suit.
“The order for interim injunction made by Lewis-Allagoa J. against the plaintiff herein is still in force as the motion for interlocutory injunction has not been heard till date.”
On suppression and misrepresentation of facts, Nestol Oil and others stated that Plaintiff did not disclose all the relevant materials facts to the court in this matter, including: “the pendency of subsisting interim injunction issued in Suit No: FHC/L/CS/1812/2024 on 8th October 2024, restraining Guaranty Trust Bank Plc from appointing a receiver/manager or interfering in assets of the instant Defendants/Applicant
“The Plaintiff came to this court and filed a fresh suit on the same subject matter and against the same parties without disclosing that there is a subsisting injunction against them that is still in force till date.
“Failure to disclose that the parties and subject matter of this suit are the same as those in FHC/L/CS/ 1812/2024 pending before Hon Justice A. Lewis-Allagoa.
“Failure to disclose that there is already a disputed appointment of a receiver/ manager over the same subject matter of this suit.
On Forum Shopping, Nestol Oil and others stated that: “the order of injunction against the plaintiff was made by Lewis-Allagoa J on 8th October 2024 and extended till hearing of motion on notice, which has not been heard till date.
“Instead of filing for any relief they desire in the existing suit, the Plaintiff started this fresh suit to litigate the same subject matters and between same parties. And the plaintiff has come before this court seeking the same orders against the same parties in respect of the same subject matter.”
The respondents in the suit further states that irreparable loss will be incurred if the Plaintiff and the nominal Respondent (Deputy Sheriff of this Honourable Court) are not restrained by the court. And that monetary damages will not assuage the defendants/applicants.
They also stated that there is real urgency to prevent execution of the ex parte order herein obtained by fraudulent misrepresentation of facts, among.
Nestol Oil and others support the motion one Ifeanyi Nwosu, the Group Head Corporate Finance of Nestol Oil Limited,
The motion is also attached with the written address and some documentary exhibits.
