Judgment
ABUBAKAR MUAZU LAMIDO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Kano delivered o 14th January, 2020, Coram: N.S. Umar, CJ. The Appellants as plaintiffs filed an action against the Respondents as defendants seeking for the following reliefs:- 1.
A DECLARATION that the 1st Plaintiff’s account named LARRABEE maintained with the 1st Defendant has been illegally overcharged and wrongfully debited with charges not contained in the offer letters of the facilities granted the 1st Plaintiff by the Defendant or charges not approved by the Central Bank of Nigeria Guidelines. 2. A DECLARATION that the Plaintiffs are no longer indebted to the 1st Defendant in any sum whatsoever in view of the illegal overcharges by the 1st Defendant on the 1st Plaintiff. 3.
A DECLARATION that the Deed of Assent Debenture Agreement executed between the 1st Plaintiff and the Defendant are illegal, null and void and of no effect whatsoever. 4. A DECLARATION that the appointment of 2nd Defendant by the 1st Defendant as receiver over the affairs of the Plaintiffs is premature, unlawful and void.
5. AN ORDER directing the 1st Defendant to reverse all illegal debits computed into the 1st Plaintiff’s account by the Defendant and to forthwith credit the 1st Plaintiff’s account with the amount of erroneous overcharges.
6. AN ORDER setting aside the Deed of Debenture Agreement and directing the 1st Defendant to immediately surrender to plaintiffs all title deeds and documents in its possession together with all necessary releases and surrender. 7. AN ORDER of this honourable Court nullifying the appointment of the 2nd Defendant by the 1st Defendant as receiver for being premature, unlawful and void. 8. AN ORDER discharging all securities executed by the Plaintiffs in respect of the facilities extended to the 1st Plaintiff by the Defendants, which facilities have been fully repaid. 9.
AN ORDER restraining the Defendants from laying any claim from receivables due to the Plaintiffs. 10. AN ORDER restraining the Defendants from executing the Deed of Personal Guarantee howsoever described. 11. AN ORDER of perpetual injunction restraining the Defendants or its agents, servants, employers, privies or any person howsoever described from taking any step in any manner whatsoever towards exercise of any powers therein or enforce any other agreement/instrument executed in connection with the transaction, the subject matter of the suit. 12.
