The Chief Magistrate, Mr. Lateef Owolabi, vacated the order in a suit marked No: MIK/4726/22 between Justin Ahmed , Prince Enabulele Osazee, and Fidelity Bank Plc, .
However, when the matter came up for hearing, the court vacated the committal order on the premise of facts presented before the court that the alleged acts of contempt were not deliberate but arose out of communication gap between the said parties and the erstwhile counsel. “From the materials presented before this court by the applicant, this application falls within the classic rule, where the error or sin of the counsel should not be visited on a party or litigants. Moreover, the applicant has averred that the monies subject matter, the fulcrum of the contempt proceedings had since been paid to the judgment creditor.
He said that, to prevent the bank from erroneously restricting the wrong account, the bank filed an affidavit requesting additional account details to enable it ascertain the correct account to restrict.
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