Imagine waking up to discover your bank account has been frozen by a court order for a debt that has absolutely nothing to do with you?
That was exactly what happened in the Fidelity Bank matter.
A claimant secured a Mareva injunction against Fidelity Bank through material non-disclosure, trying to enforce an arbitral award from a proceeding the bank was never a party to. The injunction was obtained through material non-disclosure, meaning critical facts were withheld from the court to secure the order.
Our team at OAL exposed the non-disclosure, dismantled the statutory compliance failures in the application, and argued the foundational legal principle: you cannot be bound by an arbitral award from a proceeding you were never party to. We also demonstrated that the attempt to enforce via Originating Summons, with pending appeals still live, was a textbook abuse of court process.
The Court agreed, discharged the Mareva injunction, and struck out the suit in its entirety for want of jurisdiction and abuse of process.