Mr. Chidiebere Ewa & Ors Vs Adogber Olohi & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Benue State sitting at Katsina – Ala, Coram: T. A. Kume J, in suit No. KHC/15/2011: Adogber Olohi (Good Neigbours Thrift and Credit Cooperation & Anor v. Mr. Chidiebere Ewa (Alias Chidi Imo) & Ors delivered on 16/07/2012, in which the claims of the respondents as Claimants against the appellants as defendants were granted.

The appellants were dissatisfied against the said judgment and had appealed against it via their notice of appeal filed on 1/8/2012 on six grounds of appeal. See pages 100 – 104 of the record of appeal.

The record of appeal was compiled and transmitted to this court on 1/8/2012. Subsequently, and with the leave of the court, the amended notice of appeal on eight grounds of appeal was filed on 12/10/2022 but was deemed as properly filed on 15/11/2022.

The parties filed and exchanged their briefs. At the hearing of this appeal on 17/1/2024, the notice of preliminary objection filed on 17/4/2023 was withdrawn and struck out.

The appeal was heard on 17/1/2024. S. O. Okpale, Esq., appearing with D. E. Sefa – ii Esq., O. M. Iyokpo Esq., and A. M. Owuna Esq., for the appellants, adopted the appellants brief and reply brief as their argument in support of this appeal and urged the court to allow the appeal. On his part, I. A. Ozor Esq., for the respondents adopted the respondents brief as their argument in opposition to the appeal and urged the court to dismiss the appeal.

By paragraph 8 of the statement of claim, the respondents as claimant claimed against the appellants as defendants jointly and severally for the following reliefs, namely:

1. The sum of N4,831,690.00 being principal and accrued interest on the money had and received from the plaintiffs.
2. 10% post-judgment interest until the amount is fully paid up.
3. An order granting the plaintiffs leave, with the supervision of the court, to sell the property and building situate at Plot 323 to realize this debt, and cost and expenses as per the terms of the agreement between the plaintiffs and the 1st and 2nd defendants to realize the sum aforesaid. See page 3 of the record of appeal.

Brief statement of facts

The gist of the case of the respondents, as claimant, as pleaded by them before the lower court, inter alia, was that the appellants had on 11/4/2010 borrowed the sum of N4,500,000.00 at the interest rate of 10%, but after initial repayment of sum of the due interest charges, stopped repayment of the loan on 17/9/2010.

Consequently, a 10% monthly compound interest, as agreed between the parties, was charged on the loaned sum from 19/9/2010 to 28/2/2011, resulting into the principal and interest standing at N4,831,690. 00, which was due paying to the respondent from the appellants. See pages 2 – 7 of the record of appeal.

The appellants denied the claim of being indebted in the sum of N4,831,690.00 as claimed by the respondents but admitted that they applied to borrow the sum of N4,500,000.00 from the respondents. They maintained that they have repaid the loan to the respondents but that the 2nd respondent failed to record some of the repayments made to the 1st respondent through him. See pages 31 – 38 of the record of appeal.

The parties filed and exchanged pleadings and at the close of pleadings, the case proceeded to trial. The 2nd respondent testified as PW1, and tendered several documents, which were admitted in evidence as exhibits 1, 2, 3, 4, 5,6, 7, 8, 9 and 10. He was thoroughly cross-examined and closed the case. In their defence, the 1st appellant testified as DW1, and tendered one document, which was admitted in evidence as exhibit 11. He was thoroughly cross – examined and closed their defense. See pp. 73 – 79 of the record of appeal.

At the conclusion of hearing, the parties filed and exchanged their final written addresses, which were duly adopted by them on 18/6/2012, and on 16/7/2012, the lower court delivered its judgment in which it granted the claims of the respondents against the appellants in the sum of N4,314,250.00 with post-judgment interest at the rate of 10% per annum.

It also ordered that the property which was tendered as security for the loan be sold under the supervision of the Registrar of the lower court to recover the debt in accordance with the agreement of the parties. Hence, the appeal. See pages 85 – 98 and 100 – 104 of the record of appeal.