Fidelity Bank Plc. V. Mrs. Comfort Ogiri (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A., (Delivering the Leading Judgment)

This is an appeal against the Interlocutory decision of Honourable Justice O.A. Taiwo (Mrs),of the Lagos State High Court delivered on the 13th day of November 2008, in Suit No. LD/1714/2006, whereby she dismissed the Notice of Preliminary Objection filed by the Defendant/Counter-Claimant/Appellant.

The crux of the objection is this-

(a) The Claimant claim (as per paragraph 33 of the Claimant’s Statement of Claim in the sum of N16,087,622.28 (Sixteen million, eighty seven thousand, six hundred and twenty two naira twenty eight kobo) plus interest, fees and costs specified therein) against the Defendant/Counter-Claimant is frivolous, vexatious and a gross abuse of power of this Honourable Court and same Claimant’s claim be dismissed by this Honourable Court.

(b) That the Defendant/Counter-Claimant’s claim in the sum of N6,013,681.54 (Six million, thirteen thousand, six hundred and eighty-one naira, fifty four kobo) (plus interest specified therein) against the Claimant be granted by the Honourable Court.

The grounds for the application are in regards to the averments contained in paragraphs 2, 3(a) – (l), 4 and 5 of the Defendant’s Defence and Counter-claim (and the accompanying Written Statement on Oath, of

Defendant/Counter Claimant’s sole witness, list of documents and Documentary evidence attached thereto).

BRIEF SYNOPSIS OF THE FACTS

In the Court below, the Respondent (who was Claimant in the Court below) had by Writ of Summons dated and filed on the 2nd of November 2006, claimed against the Appellant (Defendant in the Court below) the following:

(a) The sum of N16,087,622.28 (Sixteen million, eighty seven thousand, six hundred and twenty two naira, twenty eight kobo) being terminal benefits due and payable by the Defendants to the Claimant for 13 years service as a senior member of staff in the Defunct Manny Bank Plc.

(b) Interest on the above sum at the rate of 21% per annum from 8th of December 2005 until judgment, and thereafter at the rate of 10% per annum, until full and final liquidation.

(c) legal Solicitors fees assessed at N2,500,000.00 (Two million, five hundred thousand naira)

(d) Cost of this action. – pages 1 – 2 of the Record of Appeal.

This is essentially reproduced on paragraph 31 of the Statement of Claim filed on the 24th of April 2008.