MR. Anthony Oke & Anor V. United Bank For Africa PLC & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

The appellant commenced an action against the Respondents by filing Writ of Summons and Statement of Claim dated 8th of September, 2010 at the Ekiti State High Court claiming the following reliefs:-

(a) The sum of One Hundred and Fifty Thousand Naira (N150,000) being the value of items destroyed on the first plaintiff’s premises on 4th March, 2010 by the Second defendant and five unknown persons, while the 2nd defendant acted as an agent of the First Bank.

(b) The sum of Five Million Naira (N5,000,000.00) being damages for trauma and assault suffered by the second plaintiff in the hands of the second defendant acted as an agent of the First defendant.

(c) The sum of Four Million Naira (N4,000,000.00) being damages for physiological trauma suffered by the first plaintiff in the hands of the second defendant, through series of arrests and detention in the Police custody instigated by the second defendant.

(d) The sum of Six Million Naira (N6,000,000.00) for breach of contract by the first defendant in connection with a “No Wahala loan” granted the 1st plaint in June, 2009 and which was unilaterally by the first defendant in August, 2009. The tenor/duration was supposed to be four (4) years, but the bank claimed it was wrongly booked for the first plaintiff on his account domiciled at Oye Ekiti Branch, and refused to issue the statements of account requested for by the first plaintiff.

(e) An order of this honourable court asking the first and 2nd defendants to release the first plaintiff’s statement of accounts for all his accounts kept with first defendant.

(f) An order of this honourable court restraining the first defendant and 2nd defendant from further instigating security operatives to arrest and detain the first plaintiff and harassing the second plaintiff.

The respondents entered appearance and filed joint statement of defence and counter-claim dated 7th March, 2011 and filed same day. The 1st defendant counter-claim as follows:-

(i) The 1st Defendant counter-claim against the 1st plaintiff for the sum of Six Hundred and Forty Seven Thousand Nine Hundred and Sixty-Six Million Naira, Sixty-Three Kobo (N647,966.63) being balance as at 30th September, 2010 of the temporary facility otherwise called “no wahala loan” granted to the 1st plaintiff on 10th August, 2009 at the 1st Defendants Oye Branch under Account No 05700160000050) belonging to the 1st Plaintiff trading under the business name and style “Andyjo’s Nigeria Enterprise” and which sum the 1st Plaintiff has failed and neglected to pay despite repeated demands.

(ii) INTEREST or the sum of Six Hundred and Forty Seven Thousand Nine Hundred and Sixty-Six Million Naira, Sixty-Three Kobo (N647,966.63) at the rate of 10% per annum until the whole debt is finally liquidated.

(iii) The 1st Defendant counter-claim against the plaintiffs jointly and severally for the sum of Three Million One Hundred and Eighty-Six Thousand Four Hundred and Forty Five Naira, Twenty Three Kobo (N3,186,445.23) being balance as at 30th September, 2010 of the facility granted to 2nd plaintiff on 12th May, 2009 and guaranteed by the 1st plaintiff at the 2nd plaintiff’s request at 1st Defendant’s Oye Branch under Account No. 05700250005172 belonging to the 2nd plaintiff and which sum the plaintiffs have failed and neglected to pay despite repeated demands.

(iv) INTEREST on the said sum of Three Million One Hundred and Eighty-Six Thousand Four Hundred and Forty Five Naira, Twenty Three Kobo (N3,186,445.23) at the rate of 22% per annum from 1st October, 2010 until the date of Judgment and thereafter at the rate of 10% per annum until the whole debt is finally liquidated.

(v) The 1st Defendant counter-claim against the 1st plaintiff for the sum of Nine Hundred and Six Thousand Five Hundred and Twenty-Two Naira, Fifty-One Kobo (N906,522.51) being balance as at 30th September, 2010 of the temporary facility otherwise called “no wahala loan” granted to the 1st plaintiff on 19th January, 2010 at the 1st Defendant’s secretariat, Road, Ado-Ekiti Branch under Account No. 0560020018091 belonging to the 1st plaintiff which sum the 1st plaintiff has failed and neglected to pay despite repeated demands.