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GUARANTY TRUST BANK PLC.
V.
ODEYEMI OLUYINKA JOSHUA

(2021) JELR 112766 (CA)

Court of Appeal 26 Feb 2021 Nigeria
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- The Respondent's bank account was frozen by the Appellant (a bank) on the directive of the Economic and Financial Crimes Commission (EFCC), without prior notice or a court order, prompting the Respondent to sue for a declaration of illega

Case Details

Suit Number:CA/L/205/2020
Judges:OYEBISI FOLAYEMI OMOLEYE, JCA JAMES SHEHU ABIRIYI, JCA FREDERICK OZIAKPONO OHO, JCA
Counsel:Muhammed Sani Umar with him Anita Peremoboere Tuesday for the Appellant; Okey Barrah with him Emeka Ekweozor for the Respondent.
Location:Lagos

JAMES SHEHU ABIRIYI, JCA (Delivering the Leading Judgement): This appeal is against the judgment delivered on 23rd January, 2020 in the High Court of Lagos State sitting at Court No. 41. In the High Court (the court below), the Respondent was the plaintiff while the Appellant was the defendant.

The claim of the Respondent in the court below was for a declaration that the freezing of his account without an order of court was illegal, an order directing the Appellant to defreeze the account, general damages, an order of perpetual injunction restraining the Appellant from further freezing the account and costs of the action.

Both parties agreed that the matter be determined by the special case procedure under Order 31 of the High Court of Lagos State (Civil Procedure) Rules 2019 without the calling of witnesses although counsel for both parties filed and exchanged written addresses.

The case of the Respondent in summary on the pleadings was that his account with the Appellant was frozen wit…

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