Alhaji Abdul Rauf Tijani & Anor V. First Bank Of Nig. Plc (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is consequent upon the ruling of the High Court of Lagos State, Lagos Judicial Division, delivered on October 18, 2011 in suit No. ID/730/2003. By the ruling in question, the lower court, coram F. O. Atilade, J; dismissed the Appellants’ application, dated June 19, 2010, seeking to amend the writ of summons and amended statement of claim thereof, dated February 13, 2007, respectively.

The Appellants were dissatisfied with the said ruling, thus filed the notice of appeal thereof on November 26, 2011, which is predicated upon three grounds.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL

The facts and circumstances surrounding the present appeal are not far to seek. They are gleanable from the records of appeal. It is evident from the records, that the Appellants had instituted the suit in question, vide a writ of summons, dated February 13, 2007, against the Respondent in the court below. By the indorsement to the writ of summons and paragraph 26 of the “FURTHER AMENDED STATEMENT OF CLAIM” thereof, contained at pages 1-9 of the Record, the Appellants have claimed against the Respondent the following reliefs:

(A) (i) The 1st Claimant claims the sum of N=31,754,748.34 (Thirty One Million Seven Hundred and Fifty Four Thousand Seven Hundred and Forty Eight Naira and Thirty Four Kobo) being sums unlawfully debited to the 1st Claimant’s account by the Defendant at its Agege Main Branch;

(ii) Interest on the said sum of N=31,754,748.34 (Thirty One Million Seven Hundred and Fifty Four Thousand Seven Hundred and Forty Eight Naira and Thirty Four Kobo) at the rate of 28% per annum until final liquidation.

(iii) A declaration that the 1st Claimant is entitled to a return of his original title documents, namely Laos State Government Certificate of Occupancy Nos. 79/79/2002B and 80/80/2002B on the ground of total failure of the consideration upon which the said Certificates of Occupancy were deposited with the Defendant.

(iv) An order that the Defendant do forthwith return to the 1st Claimant the Certificates of Occupancy aforesaid in (iii) above;

(v) An order of Perpetual Injunction restraining the Defendant from attempting to process; processing or further processing any form of mortgage in respect of the properties covered by the Certificates of Occupancy referred to (iii) above;

(vi) An order of Perpetual Injunction restraining the Defendant transferring or attempting to transfer in any manner howsoever, the said Certificates of Occupancy or the properties covered by them to any third party.

(B) (i) The 2nd Claimants the sum of N=38,000.00 (Thirty Eight Thousand Naira) being the sums unlawfully debited to the 2nd Claimant’s account by the Defendant at its Agege Main Branch;

(ii) The 2nd Claimant further claims the sum of N=46,764,000.00 (Forty Six Million Seven Hundred and Sixty Four Thousand Naira) being the loss of profit suffered on the electrification contracts which could be executed and were thereby cancelled as result of the acts and omissions of the Defendant.

On July 2, 2007, at the conclusion of the pre-trial conference, the lower court ruled to the following effect –