MR. Olukunle Akinde & Anor V. Access Bank PLC. & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A.: (Delivering the Leading Judgment)

The action, subject matter of this appeal was commenced by Writ of Summons and Statement of Claim dated 25th February 2004, in which the Plaintiffs (Appellants in this appeal) sought seven (7) reliefs against the Defendants (Respondents) – pages 1-8 of the Record of Appeal.

This appeal is from the decision of Aliyu J. sitting at the Federal High Court, Lagos, delivered on the 19th of May 2008.

It is specifically against that part of the decision of the lower Court in which the sum of N200,000.00 (Two hundred thousand naira) was awarded as exemplary damages in favour of the Appellants.

The Appellants have no grouse against the remaining part of the Judgment.

FACTS SUCCINTLY PUT.

The Appellants have obtained a facility from the 1st Respondent and somewhere along the path, the Appellants settled part of the facility, and then a dispute arose between the parties because of exorbitant interest charges on the overdraft facility.

On the 13th of February 2004, a meeting was arranged between the 1st Appellant and the officials of the 1st Respondent at the 2nd Appellant’s head office. The officials of the 1st Respondent suddenly arrived at the venue of the meeting with armed police officers from CID Panti Street, Ebute Metta, Yaba. They shot into the air, arrested the 1st Appellant, and bundled him to the State C.I.D Panti Yaba.

This informed the 1st Appellant originating a process in Court for the enforcement of his human right to liberty and claimed the sum of N50,000,000.00 (Fifty million naira) as damages against the Respondents jointly and severally for false imprisonment, unlawful detention, degrading and inhuman treatment through handcuffing. They also claimed for the forceful seizure of the Appellants’ truck and trailer.

On the 19th of May 2008, the learned trial Judge found for the Appellants, but awarded a paltry sum in damages, which is the sum of N200,000.00 (Two hundred thousand naira).

The Appellants are aggrieved by this and have filed a Notice of Appeal on the 18th of August 2008 – pages 414 – 416 of the Record of Appeal. The Notice of Appeal has just one Ground of Appeal which is that

”THE TRIAL COURT ERRED IN LAW WHEN HAVING HELD THAT THE RESPONDENTS VIOLATED THE FUNDAMENTAL RIGHTS OF THE APPELLANTS AND THAT THE RESPONDENTS ACTED UNCONSTITUTIONALLY, AWARED THE SUM OF N200,000.00 AS EXEMPLARY DAMAGES IN FAVOUR OF THE APPELLANTS.”

The Appellants filed their Brief of Argument on the 21st of April 2011 which is settled by Kingdom Uche Ani Esq.

The 1st Respondent filed its Brief of Argument on the 13th of July 2011, but same was deemed filed on the 22nd of May 2013. It is settled by Lekan Awogbemila Esq.