Posted by News Express | 7 October 2021 | 664 times
An Edo State High Court of Justice (Civil Division), Number 12, Benin, presided over Justice by V. O. A. Oviawe, yesterday restrained Mrs. Edamwen Evelyn Asemota from participating in this week’s funeral of the late billionaire philanthropist, Captain Idahosa Okunbo, and also from parading herself as his widow.
The suit, with reference number: B/887/2021, was filed by Mrs. Nosa Igiehon Okunbo, with an exparte application heard by the presiding judge.
Okunbo, popularly known as Captain Hosa, an indigene of Benin, who was born on January 7, 1958, passed on in a London hospital at 63 on August 8, after battling pancreatic cancer, with his body flown into the Edo State capital yesterday, for burial this weekend.
The motion was moved by the lead counsel to the claimant/applicant, Mr. R. O. Isenalumhe, who appeared with A. O. Akintomide.
The claimant/applicant also sought an order of interim injunction, restraining the defendant from doing anything that would disrupt the burial from October 5, pending the determination of the motion on notice.
The parties were absent in court, while the case was adjourned till October 21 for hearing of the motion on notice.
Justice Oviawe 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 granting of the prayer contained in the motion paper, without the necessity of hearing 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 the 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 Idahosa Wells Okunbo and from doing anything that will disrupt the burial, scheduled to begin on October 5, 2021, pending the hearing and determination of the motion on notice.” (The Nation)
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