IN THE COURT OF APPEAL OF NIGERIA
On Thursday, the 12th day of February, 2015
CA/L/444/2013
BETWEEN
NIGERIA DEPOSIT INSURANCE CORPORATION [Provisional Liquidator of Fortune International Bank Plc. (In Liquidation) ................. Appellant
AND
1. UNION BANK OF NIGERIA PLC. .............. Respondents
2. COWRIE BUSINESS SOLUTIONS LIMITED
APPEARANCES
Chief Emeka Ngige (SAN) with Obiora A. Egwuatu, Esq., Mrs. U. Nwadialo-David, and Augustine Egwuatu, Esq. - For Appellant
AND
Mr. C. O. Toyin Pinheiro (SAN) with C. A. Chanbang, Esq. and Ifeoluwa Adebambo, Esq. - For the 1st Respondent.
Oladapo Akinosu, Esq., with Adegoke Adedoyin, Esq. and Seun Lawal., Esq- For the 2nd Respondent For Respondent
MAIN JUDGMENT
AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment):
This Appeal turns on a very narrow issue - the abuse of Court process, and it is hinged on a dispute over the property known as Fortune Towerssituated at No. 27/29 Adeyemo Alakija Street, Victoria Island, Lagos, which originally belonged to Fortune International Bank Plc. [FIB Plc], before it became the subject of a number of litigations in various Courts. The said FIB Plc., a licensed commercial bank, maintained a banking relationship with Union Bank Plc., the 1st Respondent in this Appeal, and in the course of their relationship, the 1st Respondent granted overdraft facilities to FIB, which were later secured with a Deed of Legal Mortgage; the said Fortune Towers was pledged as collateral in the legal Mortgage.
On 16/1/2006, the Central Bank of Nigeria revoked the License of FIB Plc. for failing to meet up with the minimum capital requirement of N25 Billion for commercial banks. An Interim Management Committee [IMC] was appointed to pilot its affairs. The Appellant later commenced a winding-up proceedings against FIB at the Federal High Court, Lagos.
On 19/1/2006, by an order of A.R. Mohammed, J., the Appellant was appointed Provisional Liquidator to manage and control its affairs. Meanwhile, when the IMC took over the affairs of FIB, it discovered that there were disputes between the 1st Respondent and FIB, which led to suits filed at the Federal High Court and at the Lagos State High Court.
In Suit No.FHC/L/CS/1321/2005 filed at the Federal High Court, FIB was Plaintiff and the 1st Respondent [Union Bank] was Defendant, and FIB claimed as follows in the Writ of Summons dated 16/12/2005 -
1. A Declaration that the unilateral deduction of the sum of N82,700.00 as legal charges for the perfection of legal mortgage over the Plaintiffs property with Land Certificate number 14/14/75 situate, lying being and known as 27/29 Adeyemo Alakija Street, Victoria Island, Lagos is wrongful; illegal, null and void.
2. A Declaration that the refusal of the Defendant to set off the Plaintiffs N250,000,000.00 Treasury Bill deposited with the Defendant as clearing collateral in order to reduce the current account outstanding balance and the consequent interest burden on the resultant overdrawn balance is illegal, null and void.
3. A Declaration that the plaintiff does not owe the Defendant the sum of N2,700,000,000.00.
4. A Declaration that the charging of illegal and arbitrary interest on the overdrawn balance of the Plaintiff with the Defendant over and above the CBN's approved interest rate is null and void.
5. A Declaration that the Mortgage held by the Respondent over the Plaintiffs property with Land Certificate number 14/14/75 situate, lying being and known as 27/29 Adeyemo Alakija Street, Victoria Island, Lagos cannot be foreclosed by the Defendant in the circumstances of this case.
6. An order setting aside the said sum of N82,700,000.00 debited by the Defendant from the Plaintiffs account as legal charges for perfection of legal mortgage over the plaintiffs property and the interest thereon.
7. An order setting aside the said arbitrary interest and charges on the Plaintiffs property and the interest thereon.
8. An order of injunction restraining the Defendant by itself privies, agent, officer or assigns from selling, assigning, appointing receiver or otherwise foreclosing the Plaintiff's right over the mortgaged property with Certificate number 14/14/75 situate, lying, being and known as 27/29 Adeyemo Alakija Street, Victoria Island, Lagos."
FIB also filed an Application dated 29/12/2005 praying for the following -
(1) An Order of Interlocutory Injunction restraining the Defendant by itself or through its agents, privies, officers and or assigns from seeking to appoint or appointing a receiver under the Mortgage Deed or selling or attempting to sell the Plaintiff/Applicant's property with land Certificate No.14/14/75 and situate at No.27/29 Adeyemo Alakija Street, Victoria Island, Lagos or taking benefit of the Mortgage Deed pending the hearing and determination of the Substantive suit.
(2) An Order of the Court appointing an external auditor to audit the accounts of the Plaintiff with the Defendant which is the subject matter of this suit"
In his Ruling delivered on 27/3/2007, Olomojobi. J., held as follows -
"I have gone through the processes filed in this suit - - In the Applicant's letter dated 18/8/2004 to the Respondent bank, the Applicant authorized the Respondent to debit its account in respect of the perfection of Deed of legal Mortgage. The letter is better reproduced hereunder
As provided in the Mortgage Deed the Mortgagee i.e. the Respondent became the beneficial owner of the property until all moneys which are the subject of the security are paid. Clause 6 empowers the Respondent Bank to exercise its statutory power of sale on default of payment of the moneys due from the Applicant after it had demanded for same. Also, Clause 7 provides that the statutory power to appoint a Receiver may be exercised at any time after payment of the moneys secured has been demanded and the applicant had defaulted in paying its debt.Clauses 6 and 7 are reproduced hereunder
From the Respondent's letter dated 22/7/2004, and the Applicant's letter dated 18/8/2004, read with clauses 6 and 7 of exhibit D- the Deed of legal Mortgage, I am of the humble view that the Applicant has no legal right in the property situate at Number 27/29, Adeyemo Alakija Street, Victoria Island Lagos- the subject matter of this action and I so hold".
Dissatisfied with the Ruling of Olomojobi, J., of the Federal High Court, FIB appealed to this Court with a Notice of Appeal dated 28/3/2007.
While Suit No. FHC/L/CS/1321/2005 at the Federal High Court was still pending, Fortune Towers was invaded by thugs and hoodlums, which prompted FIB to file Suit No: ID/1098/2007 at the Ikeja High Court of Lagos State, against UBN Property Co. Ltd. and the 1st Respondent herein [Union Bank], as the 1st and 2nd Defendants; it claimed as follows-
a. A Declaration that the invasion and entering of the Claimant's property - - -4/14/75 located, lying and being at No. 27/29 Adeyemo Alakija Street, Victoria Island Lagos and issuing and circulating of a Notice dated 14/8/2007 to all tenants by the Defendants is unlawful, illegal, unconstitutional, null and void.
b. An Order of perpetual injunction restraining the Defendants, its agent, servant, privies, officers or any other person howsoever from invading, entering, issuing or circulating notices or otherwise dealing with the Claimant's property - at No. 27/29 Adeyemo Alakija Street, Victoria Island, Lagos.
c. General damages in the sum of N1,000,000.00 against Defendants.
FIB also filed an Application dated 5/9/2007 for an Order of Injunction, and the Defendants, including Union Bank, the 1st Respondent herein, filed their own Application dated 14/9/2007, praying for the same Order. In his Ruling delivered on 29/11/2007, Marsh, J ordered as follows -
1. The Claimant's Application lacked merit and same is accordingly dismissed.
2. Interlocutory Injunction is granted in favour of the Defendants Respondents/Applicants restraining the Claimant/Respondent, its Agents, Servants, Detectors, Officers or Privies from interfering with the 2nd Defendant's exercise of its powers conferred under the Deed of Legal Mortgage dated 30/8/2004 - - or otherwise, interfering with the Defendants Management and Control of the properly situate at No. 27/29, Adeyemo Alakija Street Victoria Island, Lagos, Lagos State (the subject matter of the Legal Mortgage) pending the final determination of this suit.
3. Interlocutory Injunction is granted in favour of the Defendants/Respondents/Applicants restraining the Claimant/Respondent, their agents, servants, Directors or privies from collecting rents and or service charge and or managing the property or providing security or carrying out any management activities and services in the property known as "Fortune Towers" No. 27/29, Adeyemo Alakija Street Victoria Island, Lagos, Lagos State pending the final determination of this suit.
4. Order is granted to the Defendants/Respondents/Applicants directing the Commissioner of Police, Lagos State, their Deputies and other Officers under his command to assist the 2nd Defendant in the exercise of its power under the Deed of Legal Mortgage aforesaid concerning the property known as "Fortune Towers" - - - in such a way as to avoid a breach of public peace pending the final determination of this suit."
FIB appealed against this Ruling, and by an Application dated 1/6/2011, it prayed the Lagos State High Court for stay of execution of the Orders.
In a Ruling dated 25/1/2012, Idowu, J., held as follows in refusing same -
"- - The Applicant is merely employing tactic and gimmicks intended to deprive the Respondent from enjoying the fruit of the Judgment he obtained. Thus, his Application could not succeed even if considered on the merit. The Respondent has also raised a germane issue, which is that the Judgment in issue has even been executed, which - - the Applicant also alluded to in his Application. Even if this Court was inclined to so doing, it cannot lay restraint on an already completed act, thus the execution of the property shows that there is nothing to stay any longer. Further, it is trite law that there must be an end to litigation, in view of the foregoing; the Applicant's Application for stay of execution hereby fails in its entirety and is hereby REFUSED".
The 2nd Respondent, Cowrie Business Solutions Ltd., was not a party to the suit at the Lagos State High Court, however, by an Application dated 14/4/2010, it applied to be joined "as a proper and necessary party", and its reason for joining is as averred in the supporting Affidavit, as follows -
d. NDIC filed a suit in the Federal High Court against the Claimant Bank seeking an Order winding up the said Claimant Bank. The Court in the Suit No. FHC/L/CP/36/2006 made a winding up Order against the Claimant Bank and NDIC was appointed the Liquidator of the defunct Claimant Bank.
e. Thereafter, the Claimant Bank unsuccessfully filed this present Suit against the 2nd Defendant at the Lagos State High Court Suit No. ID/1098/2007 seeking injunctive Orders against the 2nd Defendant from selling the said property, while the 2nd Defendant also asked for Counter Orders of injunction in the Suit herein. A copy of the Court's Order in favour of the 2nd Respondent in that case is hereto attached and marked as Exhibit 'CBS 1'.
f. The Claimant Bank was represented by the firm of Ade Oyebanji & Co.
g. Sometime in July 2007, the 2nd Defendant herein sold the mortgaged property to the party sought to be joined in this Suit and subsequently, the 2nd Defendant handed over the possession of the building to the - - Applicant in April 2008. A copy of a letter - - evidencing sale of the mortgaged property is hereto attached, exhibited and marked as Exhibit 'CBS2'.
Its Application was granted by Marsh, J., and by the order of Court made on 27/11/2011, the 2nd Respondent herein was made a party in that suit.
Meanwhile, the 1st Respondent Bank sent a letter dated 25/1/2010 to "All Tenants" in Fortune Towers, wherein it informed them as follows-
"Take Notice that pursuant to the power of Sale conferred on us by the Act, the Deed of Legal Mortgage dated 30/8/2004 made in our favour by FIB - - - we, Union Bank - - have since sold the above-mentioned mortgaged property to Cowrie Business Solutions Ltd., to recover the monies due and owed to us by the said FIB. In furtherance of the said sale and pursuant to the exit of the Interim Management Committee [IMC] from the premises, we have handed over possession of the property to Cowrie Business Solutions Ltd., the purchaser. You are, therefore, expected to co-operate with them in the preservation and maintenance of the property by discharging as and when due, all financial obligations, including payment of rent, service/diesel charges to the new owners of the property".
In a letter dated 23/2/2010 addressed to Messrs. Obi Ezeakor & Co.. Estate Surveyors & Valuers, the 1st Respondent Bank reiterated that -
"The Bank as an unpaid Mortgage under the Deed of Legal Mortgage dated 30/8/2004 - - has sold the above property to Cowrie Business Solutions Ltd., and duly handed over the property over to them. - - - In view of the termination of appointment of the IMC under whose authority you acted with regard to the management of the property, we expect you to co-operate fully with the new owners".
The law firm of Udochi Iheanacho Partnership, also wrote to the Tenants, informing them about the sale of Fortune Towers to the 2nd Respondent, and issued a Notice to Quit dated 1/12/2010 to FIB/NDIC that reads-
"We UDOCHI IHEANACHO PARTNERSHIP Agent and Solicitors to UNION BANK OF NIGERIA PLC - Mortgagee and COWRIE BUSINESS SOLUTIONS LTD. - Purchaser/Owner of the property known as "FORTUNE TOWERS" SITUATE AT No. 27/29 Adeyemo Alakija Street, Victoria Island Lagos, and on whose instructions and authority we hereby give you this statutory notice to quit and deliver up the entire office space on the 8th floor which you are in occupation of at the said Fortune Towers whether as Tenant of Sufferance or Tenant at Will upon the expiration of six months forthwith beginning from the date of this Notice to expire on the 30th day of June 2011".
At this point, the Appellant as Provisional Liquidator of the said FIB Plc. filed the action that led to this appeal at the Federal High Court, wherein they claimed as follows in the Statement of Claim dated 31/5/2011-
(1) A DECLARATION that the disposition by means of sale or assignment by the 1st Defendant to the 2nd Defendant sometime in the month of July 2007 of all that piece of land, building and appurtenances situate, lying and being at No 27/29 Adeyemo Alakija Street Victoria Island Lagos, Lagos State and registered under the Federal Certificate of Occupancy No 14/14/75 otherwise known as "FORTUNE TOWERS" when the said property forms part of the assets of FIB Plc. (in Liquidation) whilst a winding up proceedings in Suit No FHC/L/CP/36/2006 - NDIC V. FIB Plc. is pending and a provisional liquidator duly appointed by the said Court is ineffectual, illegal, unlawful, null and void.
(2) A DECLARATION that the disposition by means of sale or assignment by the 1st Defendant to the 2nd Defendant on or about - - July 2007 of all that piece of land, building and appurtenances - - - and situated at No. 27/29 Adeyemo Alakija Street Victoria Island, Lagos State and registered under the Federal Certificate of Occupancy No. 14/14/75 otherwise known as FORTUNE TOWERS when the 2nd Defendant was yet to be incorporated as a limited liability company is illegal, unlawful, null and void.
(3) IN ALTERNATIVE TO RELIEFS (1) & (2) above.
A DECLARATION that the disposition or alienation by the 1st Defendant of all that property - - at No. 27/29 Adeyemo Alakija Street, Victoria Island, Lagos, Lagos State otherwise known as "FORTUNE TOWERS" to the 2nd Defendant when proceedings are pending in Suits Nos: FHC/L/CP/1321/2005 - FIB V. Union Bank of Nigeria Plc. FHC/L/CP/36/2006 - NDIC V. FIB Plc., Appeal No. CA/L/478/2007- FIB Plc. V. Union Bank is contrary to the doctrine of lis pendens and pro tanto unlawful, illegal, null and void;
(4) AN ORDER of the Court setting aside the purported disposition by the 1st Defendant to the 2nd Respondent on or about 27/7/2007 of all that property - - at No. 27/29 Adeyemo Alakija Street, Victoria Island Lagos and registered - - under the Federal C of O - - otherwise known as "FORTUNE TOWERS".
(5) AN ORDER setting aside the Notice to Quit dated 1/12/2010 (sic) issued for and on behalf of the Defendants by the law firm of Udochi Iheanacho Partnership and addressed to "FIB/NDIC" and all other notices purporting to seek recovery of possession of the aforesaid property;
(6) AN ORDER OF INJUNCTION restraining the Defendants, their servants, agents, privies and assigns from disturbing the Plaintiff, its agents and assigns in the performance of their statutory duties as Provisional Liquidator of FIB Plc., as it relates to the management and exercise of all possessory rights over the said property until the said bank is fully and finally wound up by Order of the Court
(7) The costs of prosecuting this suit including the sum of N20,500,000 (Twenty Million Five Hundred Thousand Naira) charged by the Claimant's Solicitors (Emeka Ngige & Co) as professional fees.
(8) AND for such Order or further Orders as the Honourable Court may deem fit to make in the circumstances.
The Appellant also filed an Interlocutory Application dated 15/7/2011 for-
1. AN ORDER of Interlocutory Injunction restraining the 1st and 2nd Defendants/Respondents whether by themselves, their servants, agents, privies or assigns or howsoever from proceeding with recovery of premises of the property situate lying and being at No. 27/29 Adeyemo Alakija Street, Victoria Island, Lagos otherwise known as "Fortune Towers" which property is now subject of litigation in this Suit No FHC/L/CS/663/11 or in any way or manner disturbing or obstructing the plaintiff from exercising its functions as Provisional Liquidator charged with responsibility of preserving and managing the assets of FIB Ltd. (sic) pending the hearing and determination of this suit.
2. AN ORDER setting aside the service of Form E- Notice of Owners Intention to Recover Possession" served on the 1st and 2nd Defendants/Respondents on 1/7/2011 in respect of property known and called Fortune Towers situate at No. 27/29 Adeyemo Alakija Street Victoria Island, Lagos.
3. ALTERNATIVELY, AN ORDER directing the maintenance of status quo ante bellum by the Respondents pending the hearing and determination of the suit.
The Grounds for the said Interlocutory Application are as follows -
(i) The service by the 1st and 2nd Respondents on the Plaintiff/Applicant of Form E - "Notice of Owners Intention to Recover Possession" of the property - - known as FORTUNE TOWERS when there is already pending proceedings in this Hon. Court is an act calculated to undermine the authority of the Court and is in breach of the doctrine of lis pendens.
(ii) The Hon. Court reserves the power to grant an Order of interlocutory injunction to prevent the foisting of a fait accompli on the Court.
(iii) The act of the Respondents continuing with the process of recovering possession of the premises when there is a pending litigation over the property is contemptuous of the Hon. Court.
(iv) Irreparable damage will be inflicted on the Plaintiff unless the prayers sought are granted.
(v) The balance of convenience is in favour of granting the Application than refusing it.
(vi) There are serious issues to be tried in the substantive suit.
(vii) The Application is brought timeously.
(viii) The Court can in the alternative direct parties to maintain the status quo in this Suit as at 30/5/2011.
The 1st Respondent filed a 37-paragraph Statement of Defence dated 6/9/2011, wherein it averred as follows in paragraph 35 thereof -
"The 1st Defendant shall urge the Court to dismiss this action for palpable abuse of Court process in every material particular-
PARTICULARS OF ABUSE
a. That upon the appointment of the Plaintiff as Provisional Liquidator of FIB Plc., the Plaintiff herein automatically became privy to pending Suit filed by FIB Plc., especially Suit No. FHC/L/CS/1321/2005 and thus bound by the Orders, Ruling and decisions made in the said Suit.
b. That the Plaintiff being a privy of FIB Plc., and by filing this Suit in 2011, which inter-alia seeks to prevent the 1st Defendant from exercising its power under the mortgage concerning the property in question, this action constitutes contemptuous efforts at undermining the decision of this Court given on 3/7/2007, which expressly stated that FIB Plc., (a privy of the Plaintiff) has no legal interest in the said property.
c. That the Plaintiff as an entity, which at all times material to this action, was aware and privy to the suit filed by FIB Plc. (a privy of the Plaintiff) at Lagos State High Court in Suit No. LD/1098/2007, which Suit inter-alia sought to prevent the 1st Defendant taking the benefit of the aforesaid mortgage is bound by the Order of the Court made on 29/11/2007, which Order did not only dismiss the prayers of FIB Plc., but further restrained the said bank from interfering with the management of the property or preventing the 1st Defendant from realizing its right under the said Mortgage.
d. The Plaintiff being aware of the above decisions and a privy of FIB Plc, but nevertheless filed the above action seeking to reverse Orders and Rulings of Courts of coordinate jurisdiction has not commenced this action bona fide in so far as any Court decision on this action raises the possibility of this Court giving contradicting decisions, hence a recipe for undermining the dignity and integrity of the Courts generally.
e. The Plaintiff having been appointed provisional Liquidator since 2006 ought as a matter of law to have applied to join the proceedings or take over its prosecution or defence as may be necessary and by electing to stand by while the actions are being prosecuted or defended by FIB will be bound by the outcome of such proceedings as privy of FIB Plc.
The 2nd Respondent filed its Statement of Defence and a 23-paragraph Counter-claim dated 9/11/2011, wherein it sought the following reliefs -
i. Compensation for the use of the office space in the Fortune Towers by the Plaintiff totaling 982 square metres at the rate of N32,000 per square metes per annum with effect from 1/7/2007 and the sum of N38,000 per square per annum from 1/1/2010 until the delivery up of possession
ii. Accrued and outstanding service charge, PHCN bills and Diesel consumed on the premises from 1/4/2010 to 30/9/2011- N4,978,666.01
iii. The rent on the property (Fortune Towers) which the Plaintiff deprived the 2nd Respondent from receiving on the property and being the sum of N1,290,576,730.25 [N1.2b] with interest at the rate of 15% per annum with effect from 1/8/2007 on a total of 7634.29 square metres.
iv. The Plaintiff's cost of funds in the sum of N150,000,000 [N150m]
v. The cost of repairs to the elevators in the sum of N25,000,000 [N25m]
vi. The cost of replacement of the 1000 KVA Generator in the sum of N30,000,000.00 [N30m]
vii. Costs of the action.
viii. Damages for breach of duty in the sum of N100,000,000 [N100m]
ix. General Damages in the sum of N50,000,000 [N50m]
x. An inquiry as to damages.
Beyond the respective pleadings, the 1st Respondent filed an Application dated 17/9/2012 wherein it prayed the lower Court for the following -
"An Order of the Honourable Court dismissing the Plaintiffs Suit No. FHC/L/CS/663/2011 on the ground inter-alia that the Suit constitutes an abuse of Court process".
The Grounds of the Application are as follows -
a. That the ownership, management and control rights in respect of the property situate at No. 27/29 Adeyemo Alakija Street, Victoria Island, Lagos, which is known as "Fortune Towers" being subject matter of existing litigations between the parties herein and privies in Suit No. FHC/L/CS/1321/2005 as well as Suit No. ID/1098/2007 the institution of this action constitutes an abuse of Court process.
b. That the decisions of both the Federal High Court and Lagos High Court in Suit No. FHC/L/CS/1321/2005 and Suit No. ID/1098/2007 which declared that FIB Plc., no longer has further interest in the said property and which decisions are subsisting and binding, the institution of this action by the Plaintiff constitutes an abuse of Court process.
c. That having regard to the decision of the Court in the above Suit No. FHC/L/CS/1321/2005 and Suit No. ID/1098/2007 which held that FIB Plc. has no further interest in the subject matter of this Suit the Plaintiff herein being a privy of the said FIB Plc. lacks the necessary locus and competence to institute this action and in the process seek to re-litigate the same matter in respect of the same subject matter.
d. That the institution of this action by the Plaintiff whilst the proceedings in Suit No. FHC/L/CS/1321/2005 as well as Suit No. ID/1098/2007 are pending and whilst FIB Plc., continue to engage in frantic attempts at appealing the decisions in respect of the same subject matter, the present action constitutes multiplicity of actions at the instance of the same party or privies bordering on the same subject matter, hence an abuse of Court process.
The Application is supported by a 10-paragraph Affidavit deposed to by one Hakeem Omogbolahon Oseni, a litigation Officer in the law Firm of C.O. Toyin Pinheiro & Co, and he averred as follows in paragraph 8 -
"That the present suit by the Plaintiff is designed to re-open matters relating to the property called "Fortune Towers" situate at No. 27/29 Adeyemo Alakija Street, Victoria Island, Lagos, which are subject of litigation between FIB Plc. and Union Bank Plc., and their privies as per Suit No. FHC/L/CS/1321/2005 and Suit No. ID/1098/2007."
The Appellant filed a 22-paragraph Counter-Affidavit deposed to by one Augustine Egwuatu, a Legal Practitioner, who averred in paras. 14 to 19-
14. That contrary to paragraph 8 of the Affidavit in support of Motion, this present Suit was prompted by the 2nd Defendant's attempt to evict the Plaintiff from the 8th floor of Fortune Towers where the Plaintiff uses as its administrative office notwithstanding the fact that Suit No. FHC/L/CS/1321/2005 and Suit No. ID/1098/2007 and Appeals Nos: CA/L/487/2007 and CA/L/70/2012 are still pending in Court Attached herewith and marked Exhibit "G" and "H" respectively are the Notice to Quit and Notice of Owners Intention to Recover Possession served on the Plaintiff/Respondent by the 2nd Defendant.
15. That I verily believe that the 2nd Defendant does not have any legal interest over Fortune Towers until these suits pending in Court are determined to finality.
16. That further to paragraph 8 of the Affidavit in support of Motion, the Orders made in the Suits pending in Court were made pending the final determination of the Suits which have not been finally determined.
17. That neither the Plaintiff