Louis Okoye V. International Trust Bank Plc. (2007)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A.

This is an appeal against the Judgment of the High Court of Anambra State holden at Onitsha in Suit NO.-0/455/2006.

International Trust Bank Plc. Vs. Louis Okoye. In the said Judgment delivered on 3rd day of March 2006, the trial court gave Judgment in favour of the respondent in the sum of Ten million Naira (N10,000,000.00) with 5% interest thereon from the date of judgment until the final liquidation of the judgment debt.

Dissatisfied with the said judgment the appellant now appealed to this Court.

The Notice of Appeal is made up of two grounds namely:-

“(1) The trial court erred in law when the court contrary to the claim of the Plaintiff which was for the sum of N23,197,916.65 held thus:-

“it is clear from the foregoing that the defendant has no defence to this suit whatsoever. The claim is for a liquidated money demand so this can appropriately be heard as undefended. The court is left with no option but to enter judgment in favour of the Plaintiff bank. The claim is for N23,197,916.65 being the debt due on the overdraft facility granted to Excellent Manufacturers limited as at 26th April 2005.

The Defendant’s liability on the deed of guarantee is limited only to the sum of N10,000,000.00. In my view that is the much the Plaintiff can recover against him.”

Particulars of Error:

(i) The trial Court who found that the plaintiff did not prove the claim of N23,197,916.65 brought against the Defendant was in duty bound with respect to transfer the suit of Plaintiff to the general cause list for hearing instead of entering judgment for the Plaintiff in the sum of N10,000,000.00 not claimed by the Plaintiff.

(ii) The trial court made a case for the plaintiff in entering judgment for the Plaintiff in the sum not at all claimed by the Plaintiff.

(iii) The defendants (sic) raised triable issued when the defendants (sic) proved in the trial court that the Plaintiff was entitled to judgment on the strength of the suit brought by the plaintiff.

(iv) Where there is any fact (as in this suit) to be proved by evidence, the court is enjoined to transfer the matter to the general cause list.

(2) The learned trial Judge erred in law when the subject matter in suit NO.0/455/2005 is an abuse of the suit filed at the instance of the same plaintiff in the Federal High Court Enugu.