Court Orders Bank to Pay Customer N338m as Excess Charges, Damages

David-Chyddy Eleke in Awka

An Imo State High Court sitting in Owerri, the state capital, presided over by Justice J. M. Njaka has ordered the management of the Bank Plc to pay a total sum of N337, 905,965 to one of its customers, Ifeco Communications Limited.

The amount is said to be part of excess amount allegedly deducted by the bank from the account of the company domiciled in the bank.

It was gathered that out of this amount, N327,905,965 represented excess charges, including excess COT, legal fees and management fees wrongly charged on Account No. 4010471004 belonging to the company, while N10,000,000 is for damages.

In the suit number HOW/260/2016, Ifeco Communications Limited which is the 1st plaintiff and Pretoria City Hotel and Resort Limited being the 2nd plaintiff had dragged the bank to the court, seeking a declaration of the court that the hotel, by the Audit Report of Ambrose Ekoh and Co., is only indebted to the defendant.

The plaintiffs, through their legal counsel, Ben Osaka, SAN, with Charles Agusiobo Esq., also sought a declaration of the court that by the Audit Report, the 1st plaintiff is not indebted to the refund of the sum of N428, 638,075 being the excess amount charged.

They added that it was wrong, a breach of trust and confidentiality for the defendant to withdraw or deduct money from the account of the 1st plaintiff which is domiciled with her without its consent for the payment of any interest on loan or whatsoever she claims the 2nd defendant owes her.

Counsel for the defendant, Tochukwu Maduka, SAN, with Chimeremeze Nwokoma Esq., had in their final address, argued that the plaintiffs’ claims as outlined in paragraphs 37 to 51 of their amended statement of claim hinge on Audit Reports (Exhibits A – C).

He said the exhibits were prepared unilaterally during the pendency of the suit, rendering them inadmissible and lacking probative value due to the absence of the defendant’s involvement.

Defence counsel emphasized the plaintiffs initially admitted indebtedness to the defendant but altered their case upon changing counsel.

But in his judgement, a Certified True Copy, CTC of which was obtained by journalists, Justice Njaka declared: “I find that the Ambrose Ekoh Audit Reports are reliable, credible and consistent with the documentary and oral evidence before the court.”

The court noted that since the 2nd plaintiff is only indebted to the defendant to the tune of N101,732,109.46 which has now reduced the excess charges against the 1st plaintiff to N327,905,965, the defendant is hereby therefore ordered to pay the 1st plaintiff the sum of N327,905,965 for excess charges, including excess COT, legal fees and management fees wrongly charged on Account No. 4010471004 belonging to the plaintiffs.

“The defendant has failed to provide sufficient and credible evidence to prove the sum claimed, as required by law. Its reliance on unexplained statements of account and disputed entries, without adequate oral evidence, is fatal. Accordingly, the counter-claim is hereby found to be unproven and is hereby dismissed. I so hold” the court ruled.