CaseLaw
Spring Bank V. Adekunle (2010) CLR 3(z) (CA)
Judgement delivered on 18th March 2010
Brief
Facts
At the High Court of Ondo State, Owo, the respondent sued the appellant claiming a declaration that he is the owner of Ogo Oluwa Cold Store at No. 65. Irugbe Street, Ijebu - Owo in Ondo State; a declaration that the Ogo Oluwa a Cold Store at No. 65, Irugbe Street. Ijebu - Owo in Ondo State was never mortgaged with the appellant bank by the respondent, the respondent's mother or by any person or persons; N50 million being aggravated damages for trespass committed by the appellant on 19lh September. 2003 when it unlawfully and illegally invaded the Ogo Oluwa Cold Store with armed police men and carted away valuable items therefrom thereby grounding and paralyzing the respondent's business; N2,175,000.00 (Two Million, One Hundred and Seventy Five Thousand Naira) being loss of earning for 87 days at the rate of N25.000.00 (Twenty Five Thousand Naira) per day from 19th September, 2003 to 15* December, 2003 when the respondent re-opened for business after borrowing money to replace and the items carted away by the appellant: and N 1.005,000.00 (One Million, Five Thousand Naira) being the cost of items illegally carted away from the respondent's cold store.
The respondent averred that he is the owner of Ogo Oluwa Cold Store situate at No. 65 Irugbe Street Ijebu-Owo in Ondo State and that the Store is not one of the properties mortgaged by his mother to the appellant.
However, in pursuant of a foreclosure procedure under the mortgage agreement between the appellant and the respondent's mother, the appellant's agents together with armed policeman visited the cold store on 19/9/2003 and carted away items therefrom. The list of items removed from the respondent's premises was admitted as exhibit "P5", although the appellant claimed the items listed therein were the items mortgaged to it by the respondent's mother.
The mortgaged agreements between the appellants and the respondent's mother Mrs. Mariam Olijogun, were admitted as exhibits "P2" and "P3". The exhibits referred to the landed property mortgaged by Mrs. Olijogun as being located along Ogunwomole Street, off Aruwajoye Street, Owo and the mortgaged chattel to include items such as a cold room with evaporator/compressor located at No. 5 Fajuyi Road. Owo and a 30-ton Alumaco Cold room with evaporator/compressor located along Ogunwomola Street, off Aruwajoye Street, Owo. Ondo State. An equitable mortgage contained in exhibit "P3" involved a property located at No. 118 lloro Street, Owo, Ondo State.
At the conclusion of trial, the trial court in its judgment granted the respondent's two declaratory reliefs. The court also awarded aggravated, special and compensatory damages. The trial court found the appellant vicariously liable for trespass for which it awarded the sum of one million naira as exemplary and aggravated damages to deter other persons from using the police in business transactions which do not have criminal elements, having found that the use of policemen by the appellant was capable of sending wrong signals to the respondent's customers and neighbours about the type of business he does or the company he keeps, the award of special damages was based on its findings that the appellant was deemed to have admitted the respondent's claim for special damages.
The appellant was dissatisfied with the judgment and appealed to the Court of Appeal.