United Bank for Africa Plc V. Hon. Sunday Johnson & Anor. (2008)

LawGlobal-Hub Lead Judgment Report

M. A. OWOADE, J.C.A.

This is an appeal against the judgment of Hon. Justice M. O. Eneji, J. sitting in the Calabar Division of the Cross River State High Court delivered on 31th March, 2006.

The 1st Respondent as Plaintiff issued a writ of summons against the Appellant and the 2nd Respondent as Defendants on19th October, 1999. This writ was followed up by a Statement of claim dated and filed on 26/11/99 whereof the Plaintiff claims from the Defendants as follows:

(i) The sum of N377, 262.50 being the outstanding balance of the sum illegally debited by the Defendants from the Plaintiff account on 28/5/99 and interest of 35% per- annum on the said sum from 28/5/99 until repayment is made.

(ii) An order to the Defendant to immediately ‘unblock’ the Plaintiff’s account No. 202086779 with the Defendant Bank, that is by allowing the Plaintiff to operate the said account by himself for himself without let or hindrance and to credit Plaintiff’s account with N1.956 million outstanding fees.

(iii) An Order restraining the Defendants by themselves, their agents, servants, from tampering, moddeling, manipulating and/or operating the Plaintiffs account except for those entries interest or charges which bankers would ordinarily charge or debit to their customer’s account in the normal course of business.

(iv) An Order restraining the Defendants from arresting or formulating the arrest and/or detention of the Plaintiff by the Police for imaginary crimes relating to the operation of the Plaintiff’s account with the Defendant.

(v) An Order restraining the Defendant or their agents from further publishing or causing to publish falsehood and malicious materials concerning the Plaintiff.

(vi) N50, 000,000.00 as aggravated damages for unauthorized operation of Plaintiff’s account No. 202086779 and for false and malicious publication against the person of the Plaintiff as well as for unlawful arrest and detention of the Plaintiff.

The relevant pleading of the 1st Defendant/Appellant before the lower court is the Amended Statement of Defence and counter-claim filed on 12/7/2004. The 2nd Defendant/Respondent did not file any pleadings. The Plaintiff/Respondent however relied on his Reply and Defence to counter-claim dated 28/7/2004 and filed on 30/7/2004. The Appellant as 1st Defendant before the lower court counter-claimed.

Para.30: Wherefore the 1st Defendant counter claims jointly and severally against the Plaintiff and the 2nd Defendant as follows:

Special Damages:

(i) N11, 750, 297.61 million being payment plaintiff was not entitled to and moneys withdrawn from his account.

(ii) N2 million being payments not reflected in account