Chrome Air Services Limited & Ors V. Fidelity Bank (2017)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C. 

The appellants were the plaintiffs at the trial Court. They were also the appellants at the Lower Court. The Respondent was the defendant and respondent respectively at those Courts.

By a Writ of Summons and Statement of claim filed on the 24th day of November, 2009 the Plaintiffs (now Appellants) claimed against the Defendant (now Respondent) as follows:-

I. A declaration that the Plaintiffs are not indebted to the Defendant in any sum of money whatsoever whether in local or foreign currency.

II. The sum of N100, 000,000.00 (One Hundred Million Naira) in favour of the 1st plaintiff being general damages for detinue.

III. An order of Court mandating the Defendant to return to the 1st Plaintiff Certificate of Occupancy Nos. FCT/ABU/CR.296 in respect of Plot No. 756 Maitama A5 District, measuring approximately 2189.30 square meters and FCT/ABU/NG488 in respect of plot No. 71A3, Garki II District, measuring approximately 1195.06 square meters which the 1st plaintiff deposited with the Defendant in respect of overdraft which his been fully liquidated.

IV. An

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order of Court mandating the Defendant to return to the 1st plaintiff Recertification Acknowledgement letters it received from the Abuja Geographical Information System in respect of recertification of the title documents prayed in (3) above.

V. Interest at the rate of 10% per annum on judgment sum from the date of judgment until judgment sum is fully liquidated by the defendant.

Upon been served with the plaintiffs claim, the Defendant filed their statement of Defence and also Counter Claimed against the Plaintiffs and Sir Emeka Offor KSM (who was joined by leave of Court) as follows;

a. The sum of N17,099,169.99 (Seventeen Million and Ninety Nine Thousand, One Hundred and Sixty Nine Naira Ninety Nine Kobo only) being the outstanding due to the Defendant/Counter Claimant from the 1st and 3rd Defendants.

b. Interest at the rate of 38% per annum from the 17th June, 1999 till date of judgment and 10% thereafter until full payment.

c. An order of Specific Performance by the payment of the sum of $1,000.000 (One Million US Dollars) by the 2nd and 3rd Defendants to Defendant/Counter Claimant.