OLUFEMI OLUFOWOBI v. STERLING BANK PLC

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Facts:

Facts:

In 2006, the claimant was offered a 4 bedroom flat in 1004 Estates, Victoria Island, Lagos for purchase at the sum of N30,000,000.00 (Thirty Million Naira). The claimant approached the defendant, his banker, for a mortgage finance facility in order to purchase the flat. The defendant agreed to provide the sum of N21,000,000.00 (Twenty One Million Naira) while the claimant was to provide the balance of N9,000,000.00 (Nine Million Naira) being his equity contribution for the purchase of the flat. A deed of legal mortgage was executed in favour of the defendant and a Memorandum of Deposit of Title Deed. The repayment plan for the facility and interest was for 180 months at a monthly payment of the sum of N323,190,90 (Three Hundred And Twenty Three Thousand, One Hundred and Ninety Naira, Ninety Kobo). The parties further agreed that a default charge of 40% interest shall be applicable IF the claimant defaulted in making his monthly payments and that, in order to recover the facility, the defendant shall exercise its power of sale without recourse to the court where the claimant fails to repay the facility as and when due.

The claimant defaulted in repayment of the facility and the defendant exercised its power of sale after writing several letters to the claimant complaining about the default and its decision to exercise its power of sale. The claimant engaged the services of a firm of accountants to do an audit of his account and the facility in order to determine the correct amount due on the facility. After its audit, the firm informed the claimant that the facility had been repaid and that the defendant had been making excessive charges on his account. The defendant eventually sold the flat and the proceeds of the sale, the sum of N55,000,000.00 (Fifty Five Million Naira) was credited into the claimant’s account. The claimant was aggrieved by the action taken by the defendant and filed a suit against it at the High Court of Lagos State. Even though the claimant had accessed the proceeds of the sale deposited in his account by the defendant, he filed the action seeking several reliefs including voiding of the sale.

The claimant alleged that the defendant were in breach of its duty of care to him by mismanaging his account and making illegal deductions from the said account. He further alleged that the defendant did not give him possession of the flat and that as a result, he lost an anticipated profit of N2,500,000.00 (Two Million, Five Hundred Thousand Naira) per annum as rent on the flat. He also sought several declarations to void the sale and compel the defendant to hand over the keys to the flat to him and to pay damages.

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