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MEKWUNYE v. EMIRATES AIRLINES
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2 × ₦300
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Continental Iron & Steel Co. Plc v. Tejumola Nig. Ltd & Anor
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1 × ₦300
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African Reinsurance Corp. v. Aim Consultant Ltd
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1 × ₦300
₦300
In Stock
Facts:
The appellant is an agency of the Federal Government of Nigeria responsible for liquidating the defunct financial institutions, one of which was All States Trust Bank Plc when the latter’s banking license was revoked due to its inability to meet up with the directive of the Central Bank of Nigeria (CBN) to recapitalize. The respondents were customers of the defunct All States Trust Bank Plc. In 2004, two facilities in the form of bank guarantees were advanced to the 1st respondent and were guaranteed personally by the 2nd respondent. The facilities were N71,740,00.00 (Seventy One Million, Seven Hundred and Forty Thousand Naira) and N264,264,000.00 (Two Hundred and Sixty Four Million, Two Hundred and Sixty Four Thousand Naira).
After the CBN revoked the license of the bank, the Federal High Court of Nigeria appointed the appellant as liquidator. The appellant discovered that the respondents were indebted to the bank to the tune of N188,226,753.70 (One Hundred and Eighty Eight Million, Two Hundred and Twenty Six Thousand, Seven Hundred and Fifty Three Naira, Seventy Kobo) and consequently made series of demand on the respondents to repay the debt. The appellant alleged that only a paltry sum of N10,600,000.00 (Ten Million, Six Hundred Thousand Naira) was repaid by the respondents. In order to recover the balance of N177,626,754.00 ( One Hundred and Seventy Seven Million, Six Hundred and Twenty Six Thousand, Seven Hundred and Fifty Four Naira), the appellant filed a suit at the Federal High Court, Lagos Division against the respondents.
The respondents denied being indebted to the appellant and alleged that the facilities were never disbursed by the bank and that the respondents never drew down on the facilities. They further alleged that the bank was in the habit of multiple debit entries in their accounts and were charging an interest rate higher than what was agreed between the parties, which were never corrected even after bringing same to the notice of the defunct bank. After hearing the parties, the trial court dismissed the claim of the appellant on the ground that it failed to show how the respondent’s indebtedness came about.
Dissatisfied with the decision of the trial court, the appellant filed a notice of appeal at the Court of Appeal, Lagos Division urging the court to set aside the decision of the trial court. The sole issue for determination is whether the trial court was right when it dismissed the claim of the appellant on the ground that the appellant failed to prove the respondents’ indebtedness.