Zamfara State Government & Anor V. Unity Bank PLC & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Federal High Court sitting at Gusau in the Gusau Judicial Division and presided over by Z. B. ABUBAKAR, J. on the 10th February, 2015 wherein the learned trial judge entered judgment in favour of the 1st Respondent against the Appellants thus:

1. The Appellants are jointly and severally liable to repay the facility in the sum of 396,898,383.31 as at the 24th March, 2014.
2. The sum of N10,000,000.00 to the 1st Respondent against all the Appellants as general damages.

By the 1st Respondents suit commenced via the Originating Summons procedure as Claimant on the 25-10-2014 and filed on the 6-11-2014 against the Appellants as Defendants, the 1st Respondent sought the following reliefs;

1. A Declaration that the Defendants are bound to honour the terms as contained in the duly perfected deed of mortgage debenture executed between the Defendants and the Plaintiff in respect of the facility now standing at 396,898,383.31k as at the 24th March, 2014 granted the 2nd Defendant by the Plaintiff.
2. A Declaration that having

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taken over all assets and liabilities of the 2nd Defendant by the 1st Defendant, the 1st Defendant is bound to answer and assume liability and take responsibility for the repayment of the facility now standing at 396,898,383.31k as at the 24th March, 2014 granted the 2nd Defendant by the Plaintiff and consequently repay same.

3. A declaration that the total failure of the Defendants to repay the facility now standing at 396,898,383.31k as at the 24th March, 2014 constitutes a breach of the terms of the deed of mortgage debenture executed between the Plaintiff and the 2nd Defendant.
4. A declaration that the Defendants are jointly and severally liable to repay the facility granted the said 2nd Defendant by the Plaintiff.
5. AN ORDER of this Honourable Court directing the Defendants jointly and severally to repay the facility now standing at 396,898,383.31k as at the 24th March, 2014 granted the said 2nd Defendant by the Plaintiff.

i. 10% Court interest from the date of judgment till the final liquidation of the judgment sum.

ii. General damages in the sum of 25,000,000.00.

iii. Such further reliefs as the Plaintiffs may

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be entitled to. (See pages 204 – 207 of the records)

At the conclusion of trial Judgment was given in favour of the 1st Respondent aforesaid against the Appellants. (See page 371 of the record of appeal). It is against the Judgment of the trial Court that the Appellants have filed a Notice of Appeal containing two Grounds of Appeal on the 18th March, 2015. The Grounds of Appeal are hereby reproduced without their particulars as follows;

GROUNDS OF APPEAL

1. The Court lacks the jurisdiction to entertain the suit.
2. The judgment of the Federal High Court is manifestly unsupportable, unreasonable, and unwarranted having regards to the evidence adduced at the trial.

ISSUES FOR DETERMINATION

From two (2) Grounds of Appeal, there are three (3) issues formulated, which subsequently became a ground in the Notice of Preliminary Objection filed by learned 1st Respondents Counsel in this Appeal. The three (3) issues nominated are as follows;