The Registered Trustees Of Mission House v. All States Trust Bank Plc (In Liquidation By Nigeria Deposit Insurance Corporation) (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

IBRAHIM MUSA MOHAMMED SAULAWA, JSC (Delivering the leading judgment)

The instant appeal is consequent upon the ruling of the Court of Appeal, Makurdi Judicial Division (coram: O. F. Omoley, C.I. Jombo-Ofo and O. F. Ogbuinya, JJCA) delivered on 12/11/2015 in appeal No. CA/MK/237/2014, and also against the judgment of the said court below in appeal No. CA/MK/159/2015 (coram: J.H. Sankey, O. A. Otisi and J.E. Ekanem, JJCA) delivered on 02/02/2018, respectively.

Background facts

From the records of appeal, the facts and circumstances surrounding the appeals are not far-fetched. The appellant vide an amended writ of summons and statement of claim thereof, claimed against the respondents special and general damages:

a. N10,448,830 (Ten million, four hundred and forty-eight thousand, eight hundred and thirty naira only) being the value of property damaged by the defendants on 12th June, 2001.

b. N3 million being raw cash in their office which they realized from a book launch, and

c. General damages in the sum of N9,551,170.00 (Nine million, five hundred and fifty-one thousand one hundred and seventy naira only.

The suit proceeded to trial, at the end of which the trial court delivered its judgment on 25/4/2004, to the conclusive effect:

Putting the two sets of evidence together, I am satisfied that the plaintiff lost all the assets listed and valued in exhibit 2, following the 12th June, 2001 invasion. The total value of the assets just before the invasion was N10,448,830.00.

The plaintiff in my considered opinion has proved this item of special damages. Accordingly, I hereby order the defendants jointly and severally to pay the said amount to the plaintiff…

Satisfied that all these principles apply to this case and accordingly guided by them, I hereby award in favour of the plaintiff and against the defendants jointly and/or severally, the sum of 1,000,000.00 as general damages for the two invasions of the plaintiff’s premises on 11th May, 2001 and 12th June, 2001.

The acts of trespass are not only reprehensible, they are opprobrious. They were done in complete lawlessness and arrogance… Costs at N10,000.00 is hereby awarded to the plaintiff against the defendants jointly and or severally.

Sgd. E. Eko Judge (as then was) 25/6/04.

Not unnaturally, the 1st respondent did not take kindly to the judgment of the trial court, thus appealed to the court below vide appeal No. CA/J/214A/2009. However, the appellant challenged the competence of the said appeal, and it was accordingly struck out on 20/11/2014 by the court below.