Nigerian Bank For Commerce And Industry V. Alfijir (Mining) Nig. Ltd. (1999)

LAWGLOBAL HUB Lead Judgment Report

A. KALGO, JSC

This is an appeal against the decision of the Court of Appeal, Jos Division, delivered on 23rd day of March, 1993. The respondents herein were the plaintiffs and the appellants were the defendants in the High Court of Justice, Jos.

The respondents, in their writ of summons and the further amended statement of claim, claimed against the appellants, the following reliefs:-

(a) An order nullifying the purported appointment of the 2nd defendant as the Receiver/Manager of the plaintiff; AND in addition or alternatively,

(b) An order declaring that the receipt and retention of the sum of N1.3m belonging to the plaintiff by the 1st defendant is wrongful.

(c) N2, 275,000.00 as special damages

(d) N125, 000.00 as general damages;

(e) Cost of this action’

Pleadings were then ordered, filed and exchanged between the parties. Thereafter the case proceeded to trial at the end of which the case was adjourned for judgment. In a fairly lengthy considered judgment, the learned Chief Judge of Plateau State, Uloko C.J. delivered on 23rd of March, 1993, entered judgment in favour of the plaintiff/respondent in the following terms:-

‘1. The appointment of the 2nd defendant as Receiver/Manager of the plaintiff is hereby nullified;

The receipt and retention by the 1st defendant of the sum of N1.3m belonging to the plaintiff is hereby declared to be wrongful;

The defendant shall pay the sum of N2, 275.000.00 to the plaintiff as special damages;

Costs of N5, 521,000.00 against the defendants in favour of the plaintiff”

Dissatisfied with the judgment of the trial court, the appellants appealed to the Court of Appeal in Jos, which heard the appeal and dismissed it with N800.00 costs in favour of the respondent. The appellants have now appealed to this court.