Inland Bank (Nig.) Plc. V. Ruhanti (Nig.) Enterprises Ltd. & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment)

The 1st and 2nd Respondents’ Claim against the Appellant as endorsed in their writ of summons are as follows:-

1) An order that the loan facility of US $1,090,000 (One million, Ninety Thousand, United States

Dollar) only the 1st Defendant obtained from the 3rd Defendant for the establishment of a Liquified Petroleum Gas Bottling Plant at Bauchi, Bauchi State should be repayable at $422.00 to one United States Dollar.

2) A further order on the 2nd Defendant to produce the 1st Plaintiff’s Statement of Account No. 08010081194 with their branch to establish his liability to the Defendants.

3) A declaration that the appointment of NASSIR ABDU DANGIRI by the 2nd Defendant as a Receiver of the 1st Plaintiff is void and of no effect.

4) A perpetual order restraining the Defendants from selling the 2nd Plaintiffs property situated at plot No. 167 DP42 behind Dass Park, New G.R.A. Bauchi, Bauchi State, covered by a Certificate of Occupancy No. BA/11/265 and also from selling the 1st Plaintiffs liquified Petroleum and Bottling Gas (LPG) Plaint in Bauchi.

5) An order declaring as void the loans given to the 1st Plaintiff as it is contrary to Central Bank of Nigeria lending rate.

The 1st and 2nd Respondents also filed a Motion Ex-parte together with a supporting affidavit dated the 7th day of February, 2002 and a Motion on Notice together with a supporting affidavit dated 7th day of February, 2002.

The Motion Ex-parte was moved on 11th day of February, 2002 and three orders were granted which are:-

(1) The two defendants, their privies or any other Persons acting on their behalf are restrained from selling 1st Plaintiff’s liquefied plant in Bauchi, Bauchi State including 2nd Plaintiff property situate at Plot No. 167 DP 42 behind Dass Motor Park, New G.R.A. Bauchi, Bauchi State pending the determination of the Motion on Notice.

(2) The appointment of Nassir Abdu Dangiri as a Receiver of the 1st Plaintiff by the defendant was suspended pending the determination of the Motion on Notice.

(3) Leave was also granted to the Plaintiff to issue and serve the Writ of Summons and other court process on the 2nd defendant outside the jurisdiction of this Court at Plot No. 19/23 Joss road, Bauchi.

On being served with the court processes the Appellant filed a memorandum of appearance and a Motion on Notice seeking the following:-