Sterling Bank, one other to pay N840.8m in damages to businessman

Sterling Bank PLC and one Godwin Obali Nwekoyo have been ordered by the Delta State High Court to pay the sum of N840.8 million in damages for sealing the premises of Joma Frozen Food Products Limited in Effurun near Warri.

The court sitting in Effurun, Uvwie Local Government Area of the state gave the order in a suit marked EHC/216/2015.

Agro Allied Development Enterprises, the claimant, in the suit had sued Joma Frozen Food Limited, 1st defendant; Sterling Bank Plc, 2nd defendant and Godwin Obali Nwekoyo, 3rd defendant, following an alleged illegal sealing of its business premises by the defendants.

Delivering judgment, the presiding judge, Justice Roli-Daibo Harriman held that the 1st defendant, Joma Frozen Food Products Limited, had no direct or indirect responsibility for the actions of the 2nd and 3rd defendants.

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The judge held that the sealing of the cold room facility by the 2nd and 3rd defendants is an act of trespass, actions she said constituted a breach of the claimant’s “right of peaceful, peaceable possession and quiet enjoyment of its leasehold interest in the said cold room facility”.

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Harriman held, “It is the law that a claimant who makes a claim for specific damage must provide credible evidence to convince the court that he is entitled to the special damage. The claimant has not only pleaded his specific damage but has also provided documents and records showing the same.

“These are not challenged by the defendants in any way. I find that special damages have been proved. The claimant has proved its case against the 2nd and 3rd defendants and is entitled to Judgement against the said defendants jointly and severally.”

The judge, therefore, ruled that N839.6 million of the cost represents the total loss incurred by the claimant over its damaged fish while N1 million was for general damages in addition to an additional cost of N300,000.

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The claimant, a registered food production and processing company through its counsel, N. Ogbannaya approached the court following the unlawful sealing of its cold room facility by the 2nd and 3rd defendants.

It had sought an order of the court declaring that the sealing of the cold room facility and its continued denial of access to the same, jointly and severally, by the 2nd and 3rd defendants was an act of trespass and constituted a breach of its rights.

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