Chief Tony Nwankwo V. Wema Bank Plc & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of Cross River State sitting in Calabar delivered on 4th November, 2008.

The Appellant being dissatisfied filed a Notice and one Ground of Appeal on 30th January, 2009. The Appellant filed his Appellant’s brief on 16th February, 2010 and articulated one issue for determination as follows:

Whether the parties and subject matter involved in third party proceeding in HC/415/2005 are the same with parties involved in HC/MSC.161/2005 as it relates to both the Appellant and first respondent.

The 1st Respondent’s brief was filed on 18th March, 2010. In it, he gave a notice of his preliminary Objection which he argued on paragraph 2.0-2.17. The 1st Respondent also adopted the lone issue articulated by the Appellant.

Briefly, the facts of this case are that the Appellants had sued the 1st Respondent, Wema Bank plc, Assistant Inspector General of Police Zone 2, Lagos and Commissioner of police, cross River state and sought the following reliefs.

i. A declaration that the arrest and detention of the Applicants and later taken to Lagos for further detention by 2nd Respondents at the instance of the 1st Respondent for a business that took place in Calabar is Purely illegal.

ii. That the detention of the Applicant’s Vehicle in order to force the Applicants to pay the alleged money owed to the 1st Respondent is illegal.

iii. That the use of Police to recover the alleged sum of money not disclosed to Mr. S. P. Nwankwo by the 1st applicant is illegal as same should be recovered by civil action if at all.

iv. Perpetual injunction restraining the Respondents from further arrest, detention, harassment of the Applicant by virtue of the transaction involved in the land Housing Wema Bank Plc, Calabar Branch.

v. Released the Vehicle of the Applicants unlawfully detained.

4th Respondent took out a writ of summons against the 1st – 3rd Respondent in Suit No. HC/415/2005 and claimed as follows:-

(a) A declaration that he is the owner of all those two pieces or parcels of land lying and situate on Murtala Mohammed Highway, Calabar measuring approximately 1306.080 and 1309 square meters and covered by Certificates of occupancy No. CA/658/81; CA/657/81 and registered as No. 96 at page 96 in volume 186 and No. 97 in volume 186 of the Land Registry, Calabar, respectively.

(b) An Order of perpetual injunction restraining the 1st Defendant from continuing with its trespass on the Plaintiff’s Properties.