Aice Investment Company Limited & Ors v. Fidelity Bank Plc (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

CHIDI NWAOMA UWA, JSC (Delivering the leading judgment)

The appeal emanated from the judgment of the High Court of Anambra State, Nnewi Judicial Division presided over by M. I. Onochie, J (as he then was) (hereinafter referred to as the trial court) awarding nominal damages of N150,000.00 (One hundred and fifty thousand naira) against the respondent for loss of the 2nd appellants original title Deeds, which was surrendered to the respondent as collateral for the loan it granted to the 1st appellant with costs of N50,000.00 (Fifty thousand naira) in favour of the appellants, against the respondent.

The appellants as plaintiffs at the trial court claimed against the respondent (as defendant) as follows:

(a) N750,000,000 (Seven hundred and fifty million naira) being aggravated exemplary and or general damages for the wrongful seizure of the plaintiffs original title documents as per building Certificate of Occupancy (Statutory Certificate) of 2nd plaintiff No. 85 at page 85 Volume 122.6 Lands Registry Enugu now Awka.

(b) An order of court compelling the defendant to return to the plaintiffs the said original Title Deeds.

(c) N250,000,000 (Two hundred and fifty million naira) Aggravated and or general damages for wrongful debiting and excessive charges on the 1st plaintiffs account and attendant losses of business opportunities.

At the trial, the 2nd appellant was the appellants sole witness who testified as the PW1 while the respondent also called a sole witness DW 1 (Austin Okafor). At the close of the trial, the appellants’ claim succeeded in part wherein the trial court made the following orders:

(i) I award the sum of N150,000 as nominal damages to the first plaintiff for loss of the original of the second Plaintiffs title deeds.

(ii) I also make an order directing the Defendant to procure within 30 days from today from the Lands Registry, Awka a Certified True Copy of the Second Plaintiffs title deeds which was handed over to it as security for loan it granted to the first Plaintiff.

(iii) There shall be N50,000.00 costs in favour of the plaintiffs against the defendant

The appellants appealed against the judgment of the trial court, directing the respondent to replace the 2nd appellants title documents by procuring a Certified True Copy of same from the Lands Registry. The respondent in obedience to the judgment of the trial court, complied with the award of nominal damages and costs awarded in favour of the appellants, against the respondent, by depositing the sum of N200,000.00 (Two hundred thousand naira) with the Registry of the High Court, Nnewi. The respondent procured a Certified True Copy of the 2nd appellants title documents, which was deposited with the registry of the court following which she filed an affidavit of compliance on the 15th day of May, 2014 at the Court of Appeal.

Dissatisfied with the nominal damages awarded by the trial court, appealed to the Court of Appeal, Enugu Division (hereinafter referred to as the court below. In its judgment of 17th June, 2015, the appeal was dismissed for being unmeritorious. The judgment of the trial court was affirmed with N100,000.00 (One hundred thousand naira) costs to the respondent. Dissatisfied with the judgment of the court below, they appealed to this court. The following issues were formulated for the determination of the appeal:

(a) Whether the Court of Appeal was correct in affirming the judgment of the trial court in not awarding aggravated damages against the respondent on the ground that appellants did not refer to any evidence of dishonesty, fraud, malice or oppressiveness in the respondents breach of its duty to keep the document in its custody safely and the duty to return same to the appellants after repayment of loan?

(b) Whether the Court of Appeal was correct in upholding the Order of the trial court for the respondent to procure at her own costs a Certified True Copy of the original title deed when same was a relief not claimed by any party?