Tsokwa Motors (Nig.) Ltd V United Bank For Africa Plc (2008)

LAWGLOBAL HUB Lead Judgment Report

P.O. ADEREMI, J.S.C

The appeal in this matter is against the judgment of the Court of Appeal (Jos Division) in appeal No. CA/J/78/98 delivered on the 10th of April, 2000. The appellant, as plaintiff before the High Court of Justice sitting at Yola, Gongola State; per paragraph 15 of its amended statement of claim dated 4th November 1996, claimed against the respondent, who was the defendant before that court the following reliefs: –

“(1) A declaration that the plaintiff is not indebted to the defendant in the sum of N773,386.45 or any sum at all.

(2) A declaration that the actual positions of the Plaintiff’s accounts are as follows:-

(a) Account No. 1025 at 31/12/86 was N897,137.27k credit and not N352,066.64k as per statement of account given to the plaintiff.

(b) Account No. 1722 as at 4/2/86 was N1,095,732.20k credit and not N2,609.32k debt as per the statement of account given to the plaintiff.

(3) A declaration that the defendant is not entitled/has no right to sell the property having regard to the disputed positions of the accounts and the plaintiffs strong averment that it is not indebted to the defendant.

(4) An injunction restraining the defendants, its agents or assigns from selling any property of the plaintiff and an order compelling the defendant to release to the plaintiff the plaintiffs Certificate of Occupancy No. GS, 1801 in the defendant’s keeps as plaintiffs bankers.

(5) A declaration that the defendant has been negligent in handling the accounts of the plaintiff.

(6) N500,000.00 general damages to the plaintiff for the defendant’s negligence in handling the plaintiffs said Account Nos. 1722 and 1025.

(7) An order of the court that the defendant should correct and amend the plaintiffs books of account to reflect the actual position of the accounts by crediting the accounts with all unauthorized transfers, uncredited lodgments, value of dishonoured cheques not returned to the plaintiff, reversing all unauthorised/fictitious debits and interest charges. The plaintiff also claims 30% monthly interest on all such sums found due and credited into its account (as herein claimed) from date due till paid.

(8) A declaration that the advertisement by the defendant to auction the plaintiffs motor workshop

at plot 19 Zaranda Street, Demsawo Ward, Jimeta-Yola was improper and made in bad faith and adversely affected the plaintiffs business.”

Pleadings, as ordered were duly filed and exchanged between the parties and with the leave of court, their respective pleadings were amended in turn. Hearing of the case commenced in earnest