United Bank For Africa PLC V. Alban Ogbonna (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of Imo State sitting at Owerri (hereinafter referred to as the lower Court), delivered on the 7th day of April, 2014 in Suit No: HOW/271/2013 by Hon. Justice I. O. Agugua, J.

The suit from which this appeal emanated from was commenced by the claimant/respondent (hereinafter referred to as the respondent) vide a writ of summons, statement of claim and other accompanying processes filed on the 23rd day of April, 2013, wherein the respondent by his statement of claim, sought for the following reliefs:

?(a) Return of Certificate of Occupancy registered No.67 Page 67 in Volume 157 of Register of Deeds kept in Owerri.

(b) General and/or Punitive Damages of N50 million Naira for wrongful detention of Claimant?s Certificate of Occupancy.

PARTICULARS OF SPECIAL DAMAGES:

(i) Loss of use of document at – N5m per annum from 2007-2013 – N50 million

(ii) General Damages – N20 million

(iii)Aggregated Exemplary or Punitive Damages

?- N10 million

Total = N80 million?

1

(See page 5 of the record of appeal.)

The respondent?s case against the defendant/appellant (hereinafter referred to as the appellant) was that the appellant granted the respondent an overdraft facility in the sum of N200,000 (Two Hundred Thousand) which was later renewed in the enhanced sum of N250,000.00 (Two Hundred and Fifty Thousand Naira). The overdraft facility was secured by the respondent?s certificate of occupancy dated the 16th day of December, 1986 and registered as Number 67, at Page 67, in Volume 157 of the Imo State Lands Registry, Owerri, which was deposited with the appellant.