Nafama Thimnu V. Union Bank Of Nigeria Plc & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Adamawa State High Court, Yola in Suit ADSY/11/04 – NAFAMA THIMNU VS. UNION BANK OF NIGERIA PLC & 2 OTHERS Delivered on the 24th day of May, 2010 wherein the Plaintiff/Appellant’s suit was dismissed on the ground that there is a valid subsisting and final Judgment delivered by Upper Area Court, Guyuk in respect of the same matter and between the same parties.

Briefly, the facts of the case are that on 5th day of March 2004, the Plaintiff/Appellant instituted an action against the Defendants/Respondents at the lower Court in which he claims as follows:-

“a. N1,000,000.00 One Million Naira damages against the 1st and 2nd Defendants for the trespass, threats, assault, intimidation, blackmail and defamation of character perpetrated on the Plaintiff on 12/3/2003 by the 2nd Defendant and others acting as the agents, servants and employers of the Defendant.

b. A declaration that the Plaintiff is not indebted to the 1st Defendant in the sum of N156,800,33 as at February, 2003 as alleged by the Defendants or in any sum higher than the said amount subsequent to the period by way of interest charges thereon.

c. A declaration that the sum of N87,500.00 in the Plaintiff’s Saving Account with the 1st Defendants Guyuk office to serve as her security, for the Plaintiff’s loan repayment since 14/7/1995 is liable to attract interest thereon up to the time the Account is lawfully closed and or up to the time of Judgment in this suit

d. A declaration that the only lawful debt, if any, that is due from the Plaintiff to the 1st Defendant is the Judgment debt incurred against the Plaintiff by the 1st Defendant in the case between the 1st Defendant and the Plaintiff which Judgment was delivered by the Upper Area Court Guyuk on 17/12/96 against the latter without interest and in the total sum of N446,332.40.

e. A declaration that after the delivery of the Judgment by the Upper Area Court Guyuk in the said sum, of N440,332.00 the Plaintiff herein as Judgment debtor has paid to the 1st Defendant (without prejudice to the other payments which might be revealed in the Statement of Account) the sum of N260,000.00 and or any higher sum out of the Judgment debt, or alternatively a declaration that the Plaintiff has liquidated the said Judgment debt.

f. A declaration that the Plaintiff is entitled to be given by the 1st Defendant a comprehensive statements of both his Current Accounts and Savings Accounts with the 1st Defendant’s Guyuk branch office from 1999 up to date in order to know the true balance outstanding on the Judgment debt, if any, and to pay same,

g. A declaration that the Plaintiff is entitled to use the amount standing in his credit in the Savings Account, including all the interests accruing thereon to off-set whatever balances that is left on the Judgment debt, if any, in liquidation thereof.

h. An order compelling the 1st Defendant to render accounts of all the moneys paid to it by the Plaintiff after the delivery of the Judgment of the Upper Area Court Guyuk on 17/12/96 in satisfaction of the Judgment debt.

i. An order directing the 1st Defendant to allow the Plaintiff to use the amount in his Savings Account kept with the 1st Defendant to settle any balance of Judgment debt found to be outstanding and payable to the 1st Defendant.

j. An order directing that should the 1st Defendant fail to award interest on the sums credited in the Plaintiffs Savings Account then the 1st Defendant should make such interest award on the said sums at the rate of 21% per annum and any other percents rate the Court deems proper from the time of the default in doing so till the lawful closure of the said Account.

k. An order directing the 1st Defendant to, upon the full satisfaction of the Judgment debt by the Plaintiff release to the Plaintiff his savings pass book kept as lien (security) for the loan repayment.