El-asbab Hotel & Investment Industries Nigeria Ltd v. Eco Bank Nigeria Plc (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

STEPHEN JONAH ADAH, JSC (Delivering the leading judgment)

By a writ of summons and statement of claim filed 28th of May, 2013, the appellants as claimants initiated this matter against the respondent as defendant, respectively in the trial court seeking the following reliefs:

1. An order of the honourable court compelling the defendant to release the certificate of occupancy number BI/G/2962 of the claimants which was deposited with it for the purpose of processing the performance bond.
2. An order of the honourable court commanding the defendant to pay the sum of N100,000,000.00 (One hundred million naira) only as exemplary damages for unlawful detention of the certificate of occupancy number – BI/G/2962 property of the claimants from 2008 till date.
3. An order of the honourable court to the defendant to pay the sum of N500,000.00 (Five hundred thousand naira only) as cost of this action.

The appellants averred and led evidence to show that the Certificate of Occupancy is the title deed of the property they intended to build an international hotel on and also the only means for them to raise funds to build the hotel.

That the respondents refusal to release the Certificate of Occupancy as well as the illegal retention of same has caused them great losses. The respondent claimed it did not release the title document because the appellants did not return the original Bond for cancellation.

The parties filed their pleadings and called their respective witnesses and tendered some exhibits before the trial court. The trial court delivered its judgment on the 20th day of April, 2016 and the judgment was in favour of the appellants. Aggrieved by that decision the respondent appealed to the lower court.

The lower court which is the Sokoto Division of the Court of Appeal resolved the main issue which was issue 2, against the appellants and set aside the damages of thirty million naira only (N30.000.000.00) awarded in favour of the appellants and reduced it to one hundred thousand naira only (N100.000.00).

The appellants were aggrieved by this decision hence they further appealed to this court vide a two-ground notice of appeal.

The record of appeal was transmitted to this court on 20/9/2017. The appellants’ brief settled by Abdulhamid Mohammed, Esq., was filed on 1/6/2018. Then the amended respondent’s brief settled by Ayodeji Ademola, Esq. was filed on 21/6/2021 but deemed on 25/5/2922. Issues were generated in the briefs of the parties for the determination of this appeal.

The appellants counsel framed two issues for determination.

These issues are:

Issue one

Whether the learned Justices of the Court of Appeal were not in error when they held that the court having compelled the return of the certificate of occupancy, can only award reasonable damages for the retention of the chattel and found the N30,000,000.00 (Thirty million naira) only awarded by trial court as excessive. (This issue is distilled from ground 1 of the notice of appeal).

Issue two

Whether the learned Justices of the Court of Appeal wore not in error when they reduced the N30,000,000.00 (Thirty million naira) only damages in favour of the appellant to N100,000.00 (Ono hundred thousand naira) only for the retention of the appellants Certificate of Occupancy. (This issue is distilled from ground 2 of the notice of appeal).