Unity Bank Plc V. Rana Tahir Furniture Co. Ltd (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A (Delivering the Leading Judgment)

This appeal is against the decision of the High Court of Justice, Kano State delivered on 23rd day of March, 2005 by S. Yusuf J.

The brief synopsis of the facts that gave rise to this appeal were that the respondent who was a customer of the defendant (hereinafter called the appellant) was granted a loan facility by the latter.

Consequently the respondent created a Mortgage Debenture over its property covered by Kano State Certificate of Occupancy No. LKN/1WD/81/18 as a security for the repayment of the said loan facility.

When the time for the repayment of the aforesaid facility became due, the parties to the said transaction as evidenced in Exhibit A agreed that upon the payment of N71, 397,984.42 by the Respondent to the Appellant, the former would be discharged from any liability arising from the said transaction.

After the conclusion of the trial, the lower Court gave judgment in favour of the Respondent and it specifically ordered that:

“1. That it is hereby declared that the payment made by the Plaintiff to the Defendant was in total satisfaction of her indebtedness and it was in due compliance with the agreement reached between the parties and confirmed by the Defendant as full and final payment of the total indebtedness and therefore the Plaintiff is no longer indebted to the Defendant in any sum what so ever.

2. That it is hereby declared that the continuous detention/withholding the Plaintiff Title Document to which certificate of occupancy No. LKN/ND/81/18 after full and liquidation of her indebtedness to the Defendant on agreement between the parties over same and calculated attempt to cause in due embarrassment ridicule, great inconveniences to it and her entire business venture.

3. That it is hereby declared that Mr. Haini Jaffar’s Account with the Defendants being a personal account should not be the basis for withholding the certificate of occupancy issued in the name of the plaintiff and the continuous withholding of the certificate is illegal, unconstitutional and against the banking practice in Nigeria and amount to a complete denial of the Plaintiff right to use the said certificate for the personal need or any purpose at all.

4. That it is hereby ORDERED that the Defendant bank either by itself, agent servant and privies or what so ever name known of called SHOULD RELEASE IMMEDIATELY the Plaintiff title document to which certificate of occupancy No. LKN/1ND/81/18 impounded or illegally seized and kept in the Defendant custody.

5. That the Plaintiff is entitled to general damage which is assessed at N1.5Million”.

Aggrieved by the said decision, the Appellant appealed to this Court vide a Notice of Appeal containing 15 grounds of appeal and at the hearing of this appeal the parties duly adopted and relied on the arguments and submissions contained in their respective briefs of argument.

The Appellant’s brief of argument dated 20/10/2011 and filed on 21/11/2011 was settled by Nassir Abdu Dangiri.

The respondent’s brief of argument dated 8/3/2013 and filed on 15/3/2013 was settled by Agboeze Casmir Esq.