Hon Justice Musa Kakaki of the Federal High Court, Lagos, has fixed March 5, 2026, to hear parties’ applications in a suit filed by Henry Owunna and Peter Owunna against Starline Nigeria Limited and others over alleged falsification of corporate records.
The trial judge fixed the date after he ordered counsel representing the parties to file their addresses on status quo ante bellum to preserve the subject matter of the suit pending the determination of an appeal lodged by the 3rd defendant.
The applicants had filed the suit marked FHC/L/CD/1397/2025 against Starline Nigeria Limited, Petsow Holdings Limited and Clement Ikechukwu (Jnr) as first to third respondents, asking court for a declaration that the removal of the 2nd applicant (Peter Owunna) and the nominee of the 2nd defendant as Directors of the Starline Nigeria Limited without due process is unlawful, null and void.
At the resumed hearing, Mr Tomilade Shodimu announced appearance for the applicants. Mr A.O. Obayomi appeared for the 3rd defendant; Mr T.O. Agbolade represented the 1st defendant, while Henry John Olah appeared for the 2nd defendant.
Shodimu informed the court that the applicants had responded to the first defendant’s application for stay of proceedings, but urged the court, in the alternative, to preserve the res pending the determination of the appeal against the court’s interlocutory decision.
However, Obayomi had informed the court to stay further proceedings pending the determination of the defendants/applicants’ appeal.
The defendants/applicants have gone to the Court of Appeal, Lagos Division, against the ruling delivered on October 31, 2025, in which the trial court discountenanced their appearance and struck out all their processes.
The court struck out all processes filed by the defendants/applicants for failure to provide an address for service within the court’s jurisdiction, contrary to the Federal High Court (civil procedure) Rules.
Dissatisfied, the defendants/applicants filed a notice of appeal at the Court of Appeal, Lagos.
But Shodimu argued that the 3rd defendant had not filed any affidavit of facts to notify the court that the appeal had been duly entered.
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