Kayode Olatunji Esq. V. Unity Bank PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the High Court of Kano State contained in the judgment delivered on 15th August, 2011 (and captured at pages 283-294 of the record of appeal) in respect of suit No. K/529/2010 which the Appellant as the plaintiff had initially commenced through the motion exparte filed on 1/11/2010 for leave to place for hearing under the undefended list, but by the order of the trial Court the suit was transferred for trial under the general cause list and pleadings were ordered and filed by paragraph 21 of the statement of claim dated 27/1/2011 and filed same date the appellant had claimed as follows:-

?21. WHEREOF THE PLAINTIFF CLAIMS AGAINST THE DEFENDANT AS FOLLOWS:

(a) The sum of N4,016,553.00 (Four Million Sixteen Thousand Five Hundred And Fifty Three Naira Only) being plaintiff’s 10% recovery fees on the debt of N40,165,526.56 paid and settled by defendant’s customer Alhaji Salisu Adamu Fagge and Alhaji Salisu Adamu Fagge & Sons Ltd.

(b) The plaintiff also claims 10% Court’s interest on this amount from the date of

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judgment till liquidation.

(c) The plaintiff claims N10 million general damages against the defendant for trading with plaintiff’s funds and for its willful, nonpayment and withholding of plaintiff’s fees.

(d) Payment of 12.5% compensating interest on the plaintiff’s unpaid fees from December 2009 to date of judgment having been trading with plaintiff’s funds as a commercial Bank on credit facilities to its customers

(e) Costs of the action.

The defendant filed a statement of defence of 21 paragraphs wherein the defendant denied every material allegation of fact contained in the statement of claim. At the hearing of the suit, the plaintiff himself testified in support of the claim as the sole witness while the defendant called two witnesses. Both parties tendered documents that were admitted as exhibits. At the end of the oral and documentary evidence, the two learned Counsel filed and exchanged their written addresses, and in the aforesaid judgment of the trial Court the learned judge held that, the plaintiff failed to establish his case on the preponderance of evidence whereby the entire suit was dismissed.

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The plaintiff at the trial

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