Kingsman Merchant Company Nigeria Limited V. Eco Bank Nigeria PLC (2017) LLJR-CA - LawGlobal Hub
Kingsman Merchant Company Nigeria Limited V. Eco Bank Nigeria PLC (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL AYOBODE OLUJIMI LOKULO-SODIPE, J. C. A. (Delivering the Leading Judgment) The appeal is against the judgment delivered on 16/6/2014 by the High Court of Abia State holden in Aba presided over by Thomas Adiele, J; (hereafter to be […]
Kingsman Merchant Company Nigeria Limited V. Eco Bank Nigeria PLC (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALAYOBODE OLUJIMI LOKULO-SODIPE, J. C. A. (Delivering the Leading Judgment)The appeal is against the judgment delivered on 16/6/2014 by the High Court of Abia State holden in Aba presided over by Thomas Adiele, J; (hereafter to be simply referred to as the lower Court and the learned trial Judge respectively). The lower Court entered judgment for the Appellant as Claimant before it in respect of some of his claims; and also entered judgment for the Respondent as Defendant before it in respect of some of its counter-claim against the Appellant. The facts of the case in my considered view are properly summarized in the judgment of the lower Court that spans pages 261284 of the record. In this regard I hereby re-produce what the Court stated on pages 261 263 of the record: –By a writ of summons dated and filed 8th September, 2009 the Claimant commenced this action. The Claimants claim is contained in the claimants amended statement of claim dated and filed 30th May, 2012 wherein the claimant claimed against the defendant as follows:N60 million1as general damages for the damages suffered namely huge lost (sic) of business, financial loss, and psychological trauma. An order of Court compelling the defendant to utterly write-off the accumulated interest and other charges on the sum not given to him amounting to N2,685,822. 46k. A perpetual injunction restraining the defendant from further charging interest on the said sum namely $4,480 dollars. A perpetual injunction restraining the defendants (sic), their agent, privies, servants from foreclosing and selling his building located at No. 26, Azuka Drive, Aba in Abia State. In her statement of defence and counter-claim filed on 19-2-2010 the defendant raised a counter claim as follows:-(i) An order that the claimant pays back to the defendant the sum of N5,346,056. 56 (Five million, three hundred and forty six thousand, and fifty six Naira, fifty six kobo)(ii) In the alternative an order of the sale of the property at No. 26 Azuka Drive Ogbor Hill Aba, which property is registered as No. 92 at page 92 in volume 62 of the Lands Registry Umuahia, to enable the defendant recover her debt. In2an attempt to establish her case, the claimant testified through two witnesses: CW1 and CW2.