CaseLaw
UBN Vs. Ajabule (2011) CLR 12(k) (SC)
Judgement delivered on December 16th 2011
Brief
Facts
This appeal arose from the decision of the Court of Appeal, Benin Judicial Division given on 1st July, 2005, in which the Court dismissed, except for the award of general damages where the appeal was allowed by the reduction of the general damages from N5, 000,000.00 to N2,000,000.00, the appeal brought by the Appellant in this appeal against the judgment of the High Court of Justice of Ondo State sitting at Akure. The 2nd Respondent as a customer of the Appellant maintained two current Accounts at the Appellant's branch of the Bank at Akure in Ondo State. On his part, the 1st Respondent is the Chairman/Managing Director of the 2nd Respondent. On the request of the 2nd Respondent for credit facilities, the Appellant granted the 2nd Respondent an overdraft facility and a warehouse refinancing facility. The two separate credit facilities were secured by a Tripartite Deed of Legal Mortgage on the 1st Respondent's Mariatun House (Formerly No. 40) Isewe Street, Clerk Quarters Owo, Ondo State as well as Hypothecation of the 2nd Respondent's stock of Motor Batteries.
When the 2nd Respondent failed to repay the credit facilities granted by the Appellant inspite of repeated demands, the Appellant then took steps to enforce its rights under the Deed of Hypothecation of the Stock of Motor Batteries in the custody of the 2nd Respondent. When the 2nd Respondent refused to allow the Appellant to take over the control and management of the Respondents' business premises, the Appellant proceeded by force and sealed the premises which the Respondents challenged by their action at the trial Court on 11th August, 1999.
The case was heard on pleadings comprising of Statement of Claim, Statement of Defence and Counter-claim and a Reply to the Statement of Defence and Counter-claim. In its judgment delivered on 17th December, 2003, the trial Court found for the Plaintiffs/Respondents and granted all their claims for declaratory reliefs, general damages in the sum of N5, 000,000.00 and special damages in the sum of N1, 580,000.00 against the Defendant/Appellant for the illegal sealing of the premises of the 2nd Plaintiff/ Respondent. The Defendants/Appellants Counter-claim, on the other-hand, was dismissed. Also dismissed was the Appellant's appeal to the Court of Appeal except for the reduction of the general damages awarded by the trial Court from N5, 000,000.00 to N2, 000,000.00.
Still dissatisfied with the decision of the Court of Appeal, the Defendant/Appellant has now appealed against it on the leave granted by this Court on 14th July, 2006.