Edilcon Nigeria Limited V. United Bank For Africa Plc (2017)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The appeal herein is against the decision of the Court of Appeal, Jos Division, delivered on the 13th April, 2000. The Appellant in this appeal, who was the plaintiff at the High Court of Plateau State, claimed against the Respondent the following reliefs:-

“1. The entire sum of N240,641.74 due to the plaintiff being balance credit in favour of the plaintiff after the overdraft is deducted from the amount credited and 21% compound interest.

2. The plaintiff also claims the sum of N150,000.00 being damages for conversion of the plaintiffs aforesaid amount being money had and received but the defendant converted same to its personal use.
3. That the plaintiff also claims the sum of N55,00.00 being damages deformation (sic) as the defendant has instructed the sale of the entire properties mortgaged by the plaintiff.
4. Perpetual injunction restraining the defendant its servants, agents or privies from selling the following properties:-

(a) Yakubu Gowon way Anglo Jos Plateau State.

(b) No.1 Madaki Street Bukuru Plateau State.(c). Plot No, BL569 Bisichi

1

Jantar Sabon Gidan Danyaya Barkin Ladi Local Government Area.”

The Respondent as defendant at the trial Court denied the Appellant’s claims and set up a counter claim as follows:

(a) N1,418,076,10 DR. being loan and interest.

(b) Interest at Bank rate of 34% from 1/10/93 until Judgment and thereafter at 34% until full payment.

At the end of the trial, Ahinche J., in a reserved and considered judgment delivered on the 15th December 1995, dismissed the Appellant’s claims and entered judgment for the Defendant on its counterclaim, but granted 21% post judgment interest until the judgment sum is fully and totally paid.

Appellant’s appeal to the Court of appeal, Jos Division, was dismissed in a reserved and considered judgment delivered on the 13th April, 2000. With the leave of this Court donated on the 15th January 2007, the Appellant filed its notice of appeal on the 24th of January 2007 containing four grounds of appeal.

Parties filed and exchanged briefs of argument. The Appellant at page 4 of the Appellant’s brief of argument settled by Solomon E. Umoh SAN dated and filed on the 12th of May 2008, formulated three issues for

2