Background and Introduction
1. I have duly considered the application dated 28th March 2025. Despite the indulgence granted by this Court, the respondent has failed to file any response to the application, and it shall therefore proceed as unopposed. I am further satisfied that proper service was effected upon the respondent, as demonstrated by the Affidavit of Service sworn on 24th October 2025. Nevertheless, it remains incumbent upon this Court to scrutinize and ascertain the accuracy and validity of the application before it.
Analysis and Determination
2. The Orders issued on 27th August 2021 in MCCC No. E2813 of 2021 directed the freezing of funds held in First Community Bank, South Branch, in account number 001517201, pending the hearing and determination of the suit. Upon careful scrutiny of the pleadings and submissions, it has become evident that the account which ought to have been subjected to the freezing orders was in fact account number 0015172701, as correctly identified and submitted by the applicant.
3. Be that as it may, the respondent has not contested the applicant’s assertion that the order unfreezing the account was granted ex parte, without affording the applicant an opportunity to be heard, and prior to the full hearing and determination of MCCC No. E2813 of 2021 as had been directed by the Court. Despite being granted an opportunity to explain the circumstances under which the unfreezing orders were obtained, the respondent has failed to provide any justification or evidence to support its position. The silence of the respondent in the face of these allegations leaves the applicant’s evidence unchallenged and uncontroverted. In these circumstances, I am left with no alternative but to rely on the applicant’s evidence, which stands firm and credible in the absence of rebuttal.
Disposition
4. Accordingly, the application dated 28th March 2025 is hereby allowed as prayed. The costs of the application shall be in the cause.
1. I have duly considered the application dated 28th March 2025. Despite the indulgence granted by this Court, the respondent has failed to file any response to the application, and it shall therefore proceed as unopposed. I am further satisfied that proper service was effected upon the respondent, as demonstrated by the Affidavit of Service sworn on 24th October 2025. Nevertheless, it remains incumbent upon this Court to scrutinize and ascertain the accuracy and validity of the application before it.
Analysis and Determination
2. The Orders issued on 27th August 2021 in MCCC No. E2813 of 2021 directed the freezing of funds held in First Community Bank, South Branch, in account number 001517201, pending the hearing and determination of the suit. Upon careful scrutiny of the pleadings and submissions, it has become evident that the account which ought to have been subjected to the freezing orders was in fact account number 0015172701, as correctly identified and submitted by the applicant.
3. Be that as it may, the respondent has not contested the applicant’s assertion that the order unfreezing the account was granted ex parte, without affording the applicant an opportunity to be heard, and prior to the full hearing and determination of MCCC No. E2813 of 2021 as had been directed by the Court. Despite being granted an opportunity to explain the circumstances under which the unfreezing orders were obtained, the respondent has failed to provide any justification or evidence to support its position. The silence of the respondent in the face of these allegations leaves the applicant’s evidence unchallenged and uncontroverted. In these circumstances, I am left with no alternative but to rely on the applicant’s evidence, which stands firm and credible in the absence of rebuttal.
Disposition
4. Accordingly, the application dated 28th March 2025 is hereby allowed as prayed. The costs of the application shall be in the cause.