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The Edo State High Court on Wednesday issued an order, upon the exparte application brought by counsel to Mrs. Nosa Igiehon Okunbo, restraining Edamwen Evelyn Asemota from participating and presenting herself as widow of late Idahosa Wells Okunbo as the burial ceremony of the billionaire begins.
Asemota is the defendant in an ongoing legal dispute with the applicant.
The matter came up for hearing today October 6, 2021, before his Lordship, Hon. Justice V.O.A. Oviawe, the motion was moved by counsel to the applicant, Mr R.O. Isenalumhe, who appeared with A.O. Akintomide.
The court consequently, held as follows:
“I have carefully considered this application which is brought exparte. I have seen the affidavit of urgency and the affidavit in support of the motion together with the exhibits attached.
“I have also given consideration to the written address containing the submission of counsel and the legal authority relied upon
“I am satisfied that there is an urgency shown in this application, such as can warrant the grant of the prayer contained on the motion paper without the necesity of hearing the respondent.
Full verdict below
ENROLMENT OF ORDER Upon the motion exparte filed by the Claimant/Applicant unto this Honourable Court to wit;
“1. An order of interim injunction restraining the Defendant from participating in the funeral rites of Late Captain (Dr.) ldahosa Wells Okunbo (JP) and from parading/holding out herself as a widow of Late Captain (Dr.) Idahosa Wells Okunbo (JP) and from doing anything that will disrupt the burial ceremonies scheduled to begin on the 6th of October, 2021 pending the determination of the Motion on Notice.
And for such further order or orders as this Honourable Court may deem fit to make in the circumstances of this case.
Coming up for hearing and determination before His Lordship Honourable Justice V.O.A. OVIAWE —Judge, sitting Al the High Court Al Justice (Civil Division) No.12, Benin City, in the Benin Judicial Division on Wednesday the 6th day of October, 2021.In the absence of the parties.
The Court having heard R.O. Isenalumhe Esq. counsel for the Claimant/Applicant, A O. Akintomide Esq. is with him, then ordered:
“I have carefully considered this application, which is brought ex-parte. I have seen the Affidavit of urgency and the affidavit in support of the motion together with the Exhibits attached. I have also given consideration to the Written Address, containing the submissions of counsel and the legal authorities relied upon. I am satisfied that there is an urgency shown in this application, such as can warrant the grant of the PraYer contained on the mc don pane, without the necessity of hearing from the Respondent. At any rate, there is an undertaking as required, from the authorities, to pay damages in the event that the order sought herein, should not have been granted. Upon the whole and in particular consideration of the affidavit in support of the application, I shall proceed to grant the application in the following terms:
An order of Interim Injunction is hereby granted restraining the Defendant/Respondent from parading or holding out herself as a widow of the Late Captain (Dr.) Idahosa Wells Okunbo (JP) and from doing anything that will disrupt the burial ceremonies scheduled to begin on the 5th of October, 2021, pending the hearing and determination of the Motion on Notice.
This case is hereby adjourned to 21/10/2021 for hearing of the motion on notice.
Issued at the High Court Registry, Benin City, under the seal of Court and Hand of the Presiding Judge on Wednesday, the 6th day of October, 2021.
ASST. DIRECTOR F.O. Osayande, Esq.
