Customer Support

RUBICON PROPERTIES AND DEVELOPERS LTD & ANOR
V.
NACRDB LTD

(2021) JELR 109633 (CA)

Court of Appeal 31 May 2021 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appeal arises from a case where the respondent approved a loan facility for the appellants, but only released a portion of the loan and charged interest on the entire amount. - The respondent also withheld an indemnity payment and use

Case Details

Suit Number:CA/AS/70/2013
Judges:Mohammed Ambi-Usi Danjuma, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA
Counsel:S. O Eimiuhi For the Appellants; M. I. Solomon For the Respondent.

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of Hon. Justice T. O. DIAI of the Delta State High Court sitting at Ogwashi – Uku judicial division delivered on 19th April, 2012.

A brief summary of the facts is that the Respondent approved an agricultural loan facility of N15,000,000 (Fifteen Million Naira) for the Appellants to expand their plantain plantation, consequent upon a Federal Government loan scheme to farmers published in the Guardian Newspaper of 10th April, 2006. On 22nd August, 2007, the Respondent released only N9,241,270 to the Appellants as first part of the loan and withheld the remaining loan sum of N5,025,542.34.

The Respondent charged interest of 8% and 16.5% on the entire loan including the withheld part of the loan contrary to the loan agreement and without notice to the Appellants or recourse to the Central Bank guidelines.

The Respondent also wrongly withheld the sum of N1,411,767.43 indemnity paid…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.