Skye Bank PLC V. Perone Nigeria Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Oyo State High Court, holden in Ibadan in suit No. I/425/2008, delivered by A.A Aderemi, J. on the 20th day of January, 2012.

At the Court below, the Respondent was the plaintiff while the Appellant was the Defendant. The Respondent, as plaintiff had instituted the action against the Appellant (Defendant) by way of a Writ of Summons and Statement of Claim dated and filed on the 22/8/2008. By Paragraph 22 of the Statement of Claim which is at pages 3-5 of the Supplementary Record of Appeal, the Respondent as Plaintiff claimed as follows:

“22. Whereof the plaintiff claims as follows;

I. A DECLARATION that the plaintiff does not owe the Defendant the sum of N26,253,976.04 as it does not reflect the true position of the Statement of Account of the plaintiff with the Defendant.

II. A DECLARATION that the plaintiff is not liable to pay any interest, commission or any charge on any entry illegally entered by the Defendant in the plaintiff’s Account with the Defendant.

III. AN ORDER directing the defendant to

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furnish the plaintiff with a true and accurate Statement of Account of the plaintiff.

IV. THE sum of N178,858,622.12 (One Hundred and Seventy-Eight Million, Eight Hundred and Fifty-Eight Thousand Six Hundred and Twenty-Two Naira, Twelve kobo) being the amount representing excessive and wrongful charges, illegal entries, excessive COT, phantom debits made by the Defendant into the Plaintiff?s account and due to the plaintiff.

V. INJUNCTION restraining the Defendant, its agents and servants from taken (Sic) any step or further steps in selling, auctioning or disposing off the Plaintiff?s Mortgage property at Idi-Ishin Layout, Jericho, Ibadan covered by a Legal Mortgage registered as No. 23 in Volume 3024 of the Lands Registry in Ibadan.

VI. A DECLARATION that any sale, disposition or alienation of the property at Idi-Ishin Layout, Jericho, Ibadan covered by a Legal Mortgage registered as No. 23 page in volume 3024 of the Lands Registry in Ibadan made by the Defendant is null, void and of no effect.

At the time the action was instituted, the Oyo State High Court (Civil) Procedure) Rules, 2010 has not come into effect. Before evidence could be gone into, the Oyo State

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