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Alsthom S. A. & Anor v. Chief Olusola Saraki
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₦300
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The appellant is a commercial bank carrying on business in Nigeria while the 1st respondent is a company registered in Nigeria and having the 2nd respondent as its director. The 1st respondent was also a customer of the appellant. By virtue of a banker-customer relationship that existed between the parties, the respondents obtained a loan facility from the appellant sometime in 2000. Dispute arose when the respondents insisted that it had repaid the loan facility but was getting debited by the appellant. The appellant on its part maintained that the facility was yet to be repaid and proceeded to appoint a Receiver/Manager to recover its outstanding monies with the respondents.
It also sealed off the business premises of the respondents. Aggrieved, the respondents instituted an action at the lower Court seeking for certain declaratory and injunctive reliefs. In response, the appellant entered conditional appearance together with a Motion on Notice seeking to strike out the suit. Parties exchanged written address and the lower Court in its ruling held that the appellant’s application lacked merit and dismissed same.
Dissatisfied, the appellant appealed to the Court of appeal.