Union bank

Eviction notice: Court to hear Union Bank, Greenwich Bank lawsuit on June 27

Wale Igbintade

A Lagos High Court has set June 27 to hear a complaint by Union Bank Plc seeking the eviction of newly licensed Greenwich Merchant Bank from its building in Oyin Jolayemi Street Victoria.

Judge Abdullahi Oyekan, who presided over the court, set the hearing date for all pending claims in the lawsuit.

Union Bank, in lawsuit marked LD/5713LM/2022, is asking Greenwich Merchant Bank Limited to vacate its property, known as Plot 1668B Oyin Jolayemi Street, Victoria Island, Lagos.

During the resumption of the prosecution hearing, Union Bank attorney Adetunji Adedoyin-Adeniyi told the court that he had filed a request to vacate the order previously granted and to register the original summons for hearing.

Union Bank said it leased the property, measuring 350 square meters, to Greenwich Bank via a sublease agreement for a fixed term of two years beginning April 1, 2020 and ending March 31, 2022.

He claimed that Greenwich Bank was using the property as its head office but the lease had been determined, thus empowering Union Bank to evict the plaintiffs/defendants.

He said Greenwich Bank approached the court to stop Union Bank from recovering and taking possession of the property when the lease expires on March 31, 2022.

Union Bank argued that Greenwich Bank had taken legal action in an attempt to twist its arm to renew the sublease agreement between the two banks.

“The pending lawsuit amounts to an attempt to impose a willing tenant on an unwilling landlord, as defendant/plaintiff did through its agent and subsidiary; UBN Property Company Plc having regard to the letter dated September 30, 2021 stated that the Claimant/Respondent should vacate the premises upon the expiration of the two (2) years certain provided for in the Deed of Sublease.

“That the correspondence exchanged between the plaintiff/defendant and the defendant/petitioner clearly indicates that there is no agreement between the parties to renew the terms of the deed of sublease signed voluntarily between them”, has he said, adding that there is no dispute between the parties to refer to arbitration or mediation.

Union Bank had asked the court to declare that by a letter dated September 30, 2021 written by the agent for the defendant/counterclaimant and by clause 4 of the deed of sublease between Greenwich Bank and Union Bank, “the lease has been determined”.

She is also asking for a statement that, because of her refusal to renew the lease agreement between the parties, Union Bank is free to evict Greenwich Bank.

Union Bank also applied to court for an order against Greenwich Bank to vacate the property, an order requiring Greenwich Bank to pay Union Bank “Mesne Profit at the rate of N10.5 million with 21% per annum from March 31, 2022 until ‘until possession is finally taken delivered.’

“An order requiring Greenwich Bank to pay Union Bank the sum of N100 million as general damages for depriving Union Bank of its property, coupled with aggravated damages to the defendant/counter- applicant.”

Greenwich Merchant Bank brought the action through its attorney, Kemi Pinheiro SAN.

Plaintiff, in its statement dated May 6, 2022, requested a statement that there is an express and implied obligation for Union Bank to enter into negotiations with it “for the purpose of agreeing to the new term and new lease rate in for the renewal of the sublease initially granted, following receipt by the Defendant of the “Notice of intention to renew” from the Plaintiffs. »

He also sought, among other things, an order of perpetual injunction prohibiting Union Bank “from gaining access to the property or otherwise interfering with the plaintiff’s use and enjoyment of the property unless and unless according to due process of law and order of the court”.

Judge Oyekan adjourned the case to June 27, to hear all pending applications