Grand Systems Petroleum Limited & Anor V. Access Bank Plc (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Kaduna State High Court delivered on the 4th August, 2011, in suit No. KDH/KAD/645/2011 commenced by the defunct Intercontinental Bank Plc, now substituted with the present Respondent, Access Bank Plc. It was commenced by way of Writ of Summons dated the 14th June, 2011. In the Statement of Claim filed by it which was dated the 13th June, 2011, the Respondent claimed against the Appellants as follows:

“1. The sum of N24, 012,395.47 (Twenty Four Million and Twenty one Thousand, Three Hundred and Ninety Five Naira and Forty Seven Kobo) being the amount outstanding and unpaid indebtedness of the defendants on the 1st defendant’s account No. 0230001000000807 with the Plaintiffs NNPC/PPMC, Kaduna Branch as at 19/11/2010 in respect of the overdraft and/or loan facilities made available to the 1st defendant at his request and guaranteed by the 2nd defendant personally.

2. Interest in the same at 21% from 19/11/2010 till date of judgment and 10% thereafter until the entire judgment sum shall be fully liquidated.
3. The cost of this action.”

The 1st Defendant, in turn, filed a 66 paragraph Statement of Defence dated the 27th June, 2011. However, by a Motion dated the 5th July, 2011, the plaintiff sought for leave to amend its statement of claim, Witness Deposition on Oath of Stephen Ojile, etc, and too, for an order deeming the attached Proposed Amended Statement of Claim, etc, as properly filed and served.

However, on 4/8/2011, the trial Court presided over by Hon. Justice J. S. Abiriyi at pages 430-431 of the record, delivered the judgment of the Court thus:

“Judgment Court – I have considered the amended statement of claim and exhibits to be used by the Plaintiff and the amended statements of defence and the exhibits to be used in the defence as well as the written addresses and oral submissions of learned Counsel for all the parties and it appears to me that the defendants do not have any good defence to the claim.

I am of the view that the Plaintiff is entitled to judgment in his favour.

Judgment is hereby entered in favour of the Plaintiff against the defendants in the sum of N24, 021,395.47 being the outstanding amount and unpaid indebtedness of the defendants on the 1st Defendant’s account No. 0230001 000000807 with the plaintiffs NNPC/PPMC, Kaduna branch as at 19/11/2010 in respect of the overdraft and/or loan facilities made available to the 1st defendant at its request and guaranteed by the 2nd Defendant personally.

2. Defendants shall pay interest at the rate of 21% from 19/11/2020 to date of judgment and thereafter at the rate of 10% until the entire judgment sum is liquidated.

Plaintiff is awarded N62, 200 costs being costs of filing this suit.”

sgd.

Hon. Justice J. S. Abiriyi.

4/8/2011.”

The Defendants immediately filed a Notice of Appeal dated 8/8/2011 which they predicated on five grounds. The grounds without their Particulars of Error read thus:

“Ground One: