Thaddeus V. Gtb Plc (2021)

LAWGLOBAL HUB Lead Judgment Report

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A.

The appellant, as plaintiff in Suit No. FCT/HC/CV/4414/2012 which he instituted in the High Court of the Federal Capital Territory, Abuja by way of a writ of summons, sought in his statement of claim the following relief:

“i. A DECLARATION OF COURT that there is a valid and subsisting contract (banker and customer relationship) between the plaintiff and the defendant.

ii. A DECLARATION that the freezing, restriction/encumbrance placed on the plaintiff’s account No. 0109918148 by the defendant without any justifiable reason whatsoever is unreasonable, unlawful, illegal and unconstitutional.

iii. A DECLARATION OF COURT that the defendant’s consistent refusal to honour the plaintiff’s demands via ATM and withdrawal slips without any reason whatsoever when his account was/is credited is wrongful, illegal, disparaging and constitute a breach of contract.

iv. A DECLARATION OF COURT that the defendant is under obligation to honour the plaintiff’s demands at all times provided his account is in credit up to the amount requested therein.

​v. A DECLARATION OF COURT that the continuous detention of the plaintiff’s several and various sum of money after demands without any reason whatsoever is wrongful, illegal and unlawful.

vi. AN ORDER OF COURT directing the defendant to promptly defreeze and remove any restriction placed on the plaintiff’s account No. 0109918148 with the defendant Asokoro Branch without notice with immediate effect..

vii. AN ORDER OF COURT restraining the defendant, his agents, successors in title from further acts of freezing, restrictions, breach of contract, detention, humiliations, embarrassments of the plaintiff in relation to his demands on his account No. 0109918148..

viii. AN ORDER OF COURT compelling the defendant to pay to the plaintiff;

a. The sum of N5,000,000.00k (Five Million Naira Only) for breach of contract.

b. The sum of N5,000,000.00k (Five Million Naira Only) for tort of detinue.

c. The sum of N30,000,000.00k (Thirty Million Naira only) as exemplary and aggravated damages.

d. The sum of N50,000,000.00k (Fifty Million Naira only) as compensation for stress, untold hardships, inconveniences unnecessary apprehension, pains, trauma depression suffered by the plaintiff as a result of the actions of the defendant.