CHROME AIR SERVICES LIMITED & ORS v. FIDELITY BANK PLC

CORAM

PARTIES

1. CHROME AIR SERVICES LIMITED

2. CHROME OIL SERVICES LIMITED

3. SIR EMEKA OFFOR

APPELLANTS 

FIDELITY BANK PLC  RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs/Appellants by a Writ of Summons before the trial court, claimed against the Defendants/Respondents, a declaration that the Plaintiffs are not indebted to the Defendant in any sum of money whatsoever whether in local or foreign currency, the sum of N100, 000,000.00 (One Hundred Million Naira) in favour of the 1st Plaintiff being general damages for detinue, an order of Court mandating the Defendant to return to the 1st Plaintiff Certificate of Occupancy Nos. FCT/ABU/CR.296 in respect of Plot No. 756 Maitama A5 District, measuring approximately 2189.30 square meters and FCT/ABU/NG488 in respect of plot No. 71A3, Garki II District, measuring approximately 1195.06 square meters which the 1st Plaintiff deposited with the Defendant in respect of overdraft which is been fully liquidated among others. The Defendant filed their Statement of Defence and counter claimed the sum of N17, 099,169.99 (Seventeen Million and Ninety Nine Thousand, One Hundred and Sixty Nine Naira Ninety Nine Kobo only) being the outstanding due to the Defendant/Counter Claimant from the 1st and 3rd Defendants, interest at the rate of 38% per annum from the 17th June, 1999 till date of judgment and 10% thereafter until full payment, an order of foreclosure and sale of all that property located at Plot 755 Maitama A5, District measuring about 2189.30 square meters covered by Certificate of Occupancy No. FCT/ABU/CR 296 in liquidation of the debts owed by the 1st, 2nd and 3rd Defendants amongst other claims. At the close of the cases and final addresses, the trial court held that the Plaintiffs/Appellants were no longer indebted to the Defendant/Respondent in any sum in Naira denomination, and that in US Dollar Denomination, however, the 2nd and 3rd Plaintiffs/Appellants were still liable in the sum of $1,000,000.00 USD to the Defendant/Respondent. The Appellants’ appeal to the Court of Appeal, Abuja, was dismissed, hence a further appeal before this Court at the instance of the Appellant. The Respondent filed a preliminary objection to the competence of the appeal on the grounds that the court lacks the jurisdiction to entertain an appeal based on facts or mixed law and facts without leave.

HELD

Preliminary Objection Allowed, Appeal Struck Out

ISSUES

Whether the Appellant’s appeal is competent?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria, 1999 (as amended)

2. Evidence Act, 2011

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