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HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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CASES/JUDGMENTS ON DEBTOR-CREDITOR, INSOLVENCY AND BUSINESS RECOVERY LAW IN NIGERIA (2)
[PDF copy/compendium of any judgment(s) listed and published here for free can be procured for a fee. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text +234 706 710 2097]
| TITLE | MAIN ISSUES |
| MRS ENO UMO V. MRS CECILIA UDONWA | DEBTOR- CREDITOR LAW – UNDEFENDED LIST PROCEDURE: – Suits maintainable under the Undefended List Procedure – When procedure is adopted- Type of judgment obtained under the Undefended List Procedure – Proper step for a party aggrieved with the judgment to take |
| MUTUAL AIDS SOCIETY LTD V. AKERELE | DEBTOR AND CREDITOR LAW:- Loan guaranteed by a deed of mortgage over a property – Direction for sale of mortgaged property via auction towards satisfaction of debt due but unpaid – Whether public auction can be levied against property of debtor not covered under deed of mortgage – Legal effect of levying auction on property of debtor not covered by mortgage |
| NAFAMA THIMNU V. UNION BANK OF NIGERIA PLC & ORS | DEBTOR AND CREDITOR:- Bank loan recovery – Judgment debtor – Structured payment by instalment – Disputes arising therefrom – How treated |
| NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANOR | DEBTOR AND CREDITOR – INSOLVENCY – WINDING UP AND LIQUIDATION UNDER NDIC REGIME:- Meaning and implication of a debtor company – Appointment of a provisional liquidator – Purpose of and legal role of liquidator – Changed legal status of company under liquidation – Whether NDIC acts independently or as a privy of a company over which it is acting as a provisional liquidator DEBTOR AND CREDITOR – INSOLVENCY – WINDING UP:- Legal status of a liquidator in relation to the company in liquidation – Whether a person cannot be appointed a Liquidator or a Receiver in respect of his own property – Whether a company in liquidation can never be appointed a liquidator to wind up the affairs of that company |
| NIMB V. UNION BANK OF NIGERIA PLC | DEBTOR AND CREDITOR – RECEIVER/MANAGER:- Recovery of loan extended as over-draft for the importation of goods – Failure to repay – Court order to take possession, sale and recover loan sum under a receivership – When interfered with by debtor – Attitude of court thereto |
| NV SLAVENBURG’S BANK V. INTERCONTINENTAL NATURAL RESOURCES LTD AND OTHERS | DEBTOR AND CREDITOR LAW:- Credit facilities granted to a company created and secured by way of charges over its assets in favour of the bank – Company incorporated in Bermuda which had an established place of business in England – Winding up proceedings in Bermuda – Effect on claims of bank over Company Asset in England |
| OBASI BROTHERS MERCHANT COMPANY LIMITED V. MERCHANT BANK FOR AFRICA SECURITIES LIMITED (2005) (SC) | DEBTOR AND CREDITOR LAW: Recovery of credit facility secured by way of mortgage – Where bank also has right of lien over commodity for which purchase loan was obtained |
| OGBENI RAUF ADESOJI AREGBESOLA V. BARISTER NIYI OWOLADE & ANOR | |
| OJO V. WILLIAMS | DEBTOR AND CREDITOR:- Garnishee proceedings – Money in custodia legis or in hands of Treasurer – How treated |
| OLALOMI INDUSTRIES LTD. V. NIGERIAN INDUSTRIAL DEVELOPMENT BANK LTD. | DEBTOR AND CREDITOR:- Bank loan – National Industrial Bank – Loan secured by way of mortgage over property and floating assets – Action to recover same |
| PATAMA LIMITED & ORS V. UNION BANK OF NIGERIA PLC | DEBTOR AND CREDITOR: Bank – Recovery of outstanding balance on the overdraft facility via a cross claim – Relevant considerations for success |
| PEOPLES’ DEMOCRATIC PARTY V. EJIKE OGUEBEGO & ORS | |
| PRINCE ABDUL RAHMAN BIN TURKI AL SUDAIRY V. ABU-TAHA AND ANOTHER | DEBTOR AND CREDITOR LAW:- Recovery of payment for goods not delivered – Use of Mareva Injunction – Prevention of dissipation of asset or the absconding of debtor – When suitable – Whether limited to foreigners resident abroad |
| SALAMI AGBAJE V. P. W. WILLIAMS | DEBTOR AND CREDITOR LAW:- Recovery of money paid under order made on judgment debtor summons which was later rescinded – Action to recover amount as money had and received |
| SANTOS M. BATALHA V. WEST CONSTRUCTION COMPANY LIMITED | DEBTOR AND CREDITOR – RECOVERY OF SALARY ARREARS:- Defence that contract of employment IS illegal having not satisfied statutory conditions under the Immigration Act – Attitude of court thereto |
| SAVANNAH BANK OF (NIGERIA) LTD v. STARITE INDUSTRIES OVERSEAS CORPORATION | DEBTOR AND CREDITOR – RECOVERY OF CONTRACT SUM:- Indebtedness arising out of failure to remit sum received as a collector on behalf of a bank – Claim to recover same – How treated |
| SOUTH TRUST BANK & ORS V. PHERANZY GAS LIMITED & ORS | DEBTOR AND CREDITOR – LOAN STRUCTURING:- Concurrent Use of Loan Agreement, Guarantor Agreement, and Promissory Notes to secure bank loan repayment – Effect DEBTOR AND CREDITOR – LOAN ASSIGNMENT:- Bank loan backed by guarantee – Whether can be unilaterally assigned/transferred by creditor so long as terms of the loan agreement does not change – Whether transfer/assignment constitutes breach of loan agreement – Repayment of loan value by guarantor to purchaser of loan on default of primary debtor – Right of guarantor to recover from primary debtor |
| THE SHELL PETROLEUM DEV. CO. OF NIG. LTD V. CHIEF MARK EJEBU & ANOR | DEBTOR AND CREDITOR:- Recovery of debt arising from contract which interest was statute barred – Whether an acknowledgement or promise to pay after limitation period must be very clear to raise any inference of acknowledgment or enforceable promise to pay the debt – Need for trial Judge not to confuse the right of the Plaintiff to enforce an acknowledgement by the defendant of a liability of action that had become statute barred with whether the acknowledgment has the effect of enlarging the limitation period – Whether the principle of acknowledgment or promise to pay debt does not extend the period of limitation – Whether the fact that the acknowledgment or promise to pay liability came upon negotiation, during or post negotiation does not extend the limitation period statutorily prescribed – Whether an acknowledgment or promise to pay liability that is statute barred creates or establishes a fresh contractual relationship |
| TONIQUE OIL SERVICES LIMITED & ANOR V. UNITED BANK FOR AFRICA PLC | DEBTOR AND CREDITOR LAW:- Recovery of bank overdraft to corporate entity backed with personal guarantee of Managing Director of Company – Action to recover same – Whether guarantor is a necessary party |
| UNITED BANK FOR AFRICA PLC V. JARGABA | DEBTOR AND CREDITOR – INDEBTEDNESS:- How proved – Where defendant admits collection of money – Whether burden of proof of indebtedness is deemed satisfied – Section 75 of the Evidence Act, Cap. 112 of the Laws of the Federation of Nigeria, 1990 – Rule that no fact need be proved in any civil proceedings which the parties thereto or their agents agree to admit at the hearing – Applicability – Whether the onus of proof therefore shifts squarely on the defendants to show that they had no obligation to repay the money which is established has been paid to them DEBTOR AND CREDITOR – INDEBTEDNESS:- Mere allegation that there has been payment of money even without any admission of collecting same – Whether implies prima facie an obligation on defendant to repay |
| UNITED BANK FOR AFRICA PLC V. COMRADE CYCLE LTD & ANOR | DEBTOR AND CREDITOR – SETTLEMENT OF INDEBTEDNESSS:- Compromise agreement as full and final settlement of outstanding indebtedness in return for the discontinuation all the pending actions relating thereto – Bindingness of |
| UNITY BANK PLC V. DENCLAG LIMITED & ANOR | DEBTOR AND CREDITOR – RECOVERY UNDER A LOAN AGREEMENT:- How treated |
| VESA FOODS AGENCIES LIMITED & ANOR v. ACCESS BANK PLC | |
| VOISEY EX PARTE KNIGHT | DEBTOR AND CREDITOR:- Bankruptcy proceedings – Mortgage to building Society – Bankruptcy of mortgagor – Repayment structured as to impose a relationship of tenant ands landlord where mortgagor defaults – Effect |
| WARNER AND WARNER INTERNATIONAL ASSOCIATES (NIGERIA) LTD. V. FEDERAL HOUSING AUTHORITY | DEBTOR AND CREDITOR:- Satisfaction of payment due under mortgage contract – Power of Sale under a Contract of Mortgage – Whether court can grant Injunction to restrain completion of Sale pursuant thereto – Readiness of mortgagor to pay amount due – Whether relevant consideration DEBTOR AND CREDITOR:- Mortgage – Recovery of – Mortgagee’s right of sale of mortgaged property – Mortgagor’s equity of redemption – Whether not extinguished until there has been no completion by conveyance by mortgagor – Relevant considerations |
| WESTMINSTER CITY COUNCIL V. TREBY | DEBTOR AND CREDITOR LAW:- Receivership – Claims on a company – Priority of competing claims – Debenture holder and payments due to public corporation for rates – How treated |
| WHELAN V. SULE | DEBTOR AND CREDITOR LAW – IOUs:– When it does not give rise to a debt – Alleged indebtedness arising from amorous relations – Attitudes of court thereto |
| WILLIAMS AND GLYN’S BANK LTD V. BOLAND AND ANOTHER (HL) | DEBTOR AND CREDITOR LAW:- Mortgage – Equitable interest – Priority – Husband and wife’s joint purchase of matrimonial home – Conveyance in husband’s sole name – Husband mortgaging home without wife’s knowledge – Possession sought by mortgagee – Whether mortgagee having priority over wife’s equitable interest – Whether wife’s interest ‘subsisting in reference’ to land – Land Registration Act 1925, s 70(1). |
| WILLIAMS AND GLYN’S BANK LTD V. BOLAND AND ANOTHER (CA) | DEBTOR AND CREDITOR – MORTGAGE:- Recovery on legal mortgage by way of possession of property – Matrimonial home jointly purchased by husband and wife – Where mortgage was obtained without the knowledge of one spouse – Effect |
| WILLIAMS V. SANUSI | DEBTOR AND CREDITOR LAW:- Attachment of property as security for satisfaction of debt – Relevance of indemnity owed by a third party to the judgment debtor – Liability of a trustee for the judgment of a registered trustee |
| WYNDHAM V. JACKSON | DEBTOR AND CREDITOR:- Claim for an account and payment of all sums due under a contract – Where at the request of both parties, Court gave a decision on a matter which was not covered by the judge’s order for an account – Certificate issued to the effect that a certain sum was due from the defendant to the plaintiff – Validity – Whether certificate can be regarded as an award by an arbitrator, and therefore binding upon the parties |
| JUDGMENTS OF NIGERIAN COURTS | |
| By Substantive Areas | By Litigation/Procedure Areas |
[PDF copy/compendium of any judgment(s) listed and published here for free can be procured for a fee. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text +234 706 710 2097]
| TITLE | MAIN ISSUES |
| ELDER ESEME AKPAN V. EKANABASI ASIBONG UBONG | DEBTOR AND CREDITOR LAW:- Friendly loan agreement reduced into writing – How recovered via an undefended list procedure – Whether oral evidence can be admitted to vary the terms of the written agreement – Relevant considerations DEBTOR AND CREDITOR LAW:- The undefended list procedure if the High Court – Use of in obtaining expedited decisions regarding liquidated money claims |
| ELIZABETH ETIM ENEYO V. ADIM EFFIOM NSA & ANOR | DEBTOR AND CREDITOR – JUDGMENT DEBTOR: Time-bound order of payment made by court guaranteed against property of debtor – When debtor dies before expiration of time without fully satisfying the debt – Liability of his estate/heirs thereto – Relevant considerations |
| EMORI, ESQ. V. HON. EGWU ARONG EGWU & ANOR | DEBTOR AND CREDITOR – LEGAL FEES:- Action for recovery of fees from client – Necessary parties where client is a government parastatal – Where supervising Ministry is a necessary party that should be joined –Relevant considerations |
| GASALIYU OLA-IYA V. ALHAJI YAKUBU LASISI | DEBTOR AAND CREDITOR:- Recovery of payments pursuant to a sale – Transaction with disputed character [Hired-purchase or Credit –sale] – Appeal arising therefrom – Where suit originated via incompetent processes – How treated |
| GENERAL AUCTION ESTATE AND MONETARY COMPANY v | DEBTOR AND CREDITOR:- Recovery of loan from Incorporated company with no express powers to take loan – Whether power can had an implied power to borrow money for the purposes of its business |
| GOVERNOR TEGHWETE EJARUNE V. THE QUEEN | DEBTOR AND CREDITOR:- Agreement for grant of limited credit – Produce buyer for company – Misrepresentation inducing a grant beyond limit – Whether amounts to theft and fraudulent conversion or a debt to be paid back – How treated |
| GROSVENOR CASINOS LTD V. GHASSAN HALAOUI | DEBTOR AND CREDITOR – FOREIGN JUDGMENT:- Judgment debtor – Where neither carrying on business, nor ordinarily resident in the country within the jurisdiction of the original Court, nor appeared or otherwise submit to or agree to submit to the jurisdiction of that Court – Whether judgment arising from such foreign court can be registered against him in Nigeria |
| HALIFAX BUILDING SOCIETY AND ANOTHER V. KEIGHLEY AND ANOTHER | DEBTOR AND CREDITOR:- Mortgage of property covered by Fire Insurance – Insurance by Mortgagor apart from Statute and Mortgage Deed – Fire – Payment of Insurance Money to Mortgagor – Right of Mortgagee to Money paid to Mortgagor – Subrogation – Statute – Repeal – Extent of – Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 23, sub-ss. 3, 4 – Law of Property Act, 1925 (15 Geo. 5, c. 20), s. 108, sub-ss. 3, 4; s. 207. |
| HASSAN GARBA V. MUSA LAWAN BIRNIWA & ANOR | DEBTOR AND CREDITOR:- Mortgage – Legality of a mortgage based on a third party’s property which was delivered to mortgagor as security for loan – Whether property can be recovered from mortgagee by third party on ground of illegality – How treated DEBTOR AND CREDITOR:- Title documents used as security for a loan – Where wrongfully used by creditor to obtain a loan from a bank which subsequently became distressed and is under receivership/management by NDIC– Whether injunction can be issued against receiver for the recovery of title document |
| HUNT V. WORSFOLD | DEBTOR AND CREDITOR LAW:- Mortgage – Matters arising therefrom – Party seeking invalidation of mortgage or its satisfaction so as to yield him possession of property connected therewith – Whether necessary party to proceedings |
| HYDRO-TECH NIGERIA LTD & ANOR V. LEADWAY ASSURANCE CO. LTD & ORS | DEBTOR AND CREDITOR LAW:- Equitable Mortgage – How created – Mere deposit of the title deeds which could be received or retained as a security for a loan – Agreement to create a legal mortgage – Mere equitable charge of the mortgagor’s property DEBTOR AND CREDITOR LAW:- Equitable mortgage – Whether it is unknown to law that an equitable mortgage is required to be registered before it can be held enforceable and/or admissible – Whether only a legal mortgage is mandatorily required to be made in deed form, executed by both parties and registered in accordance with the extant Law |
| I. M. IDOSU V. ABUDU Y. OJIKUTU | DEBTOR AND CREDITOR:- Garnishee proceedings – Third party applications – How treated |
| ILORIN SOUTH LOCAL GOVERNMENT V. SAMAD PAPER CONVERTING CO. LTD | DEBTOR AND CREDITOR LAW:- Application for interest on debt due – Whether equivalent to special damages for which principles relating thereto need to be satisfied DEBTOR AND CREDITOR LAW:-Claim for payment Where there is no credible and contrary evidence – Whether plaintiff needs only adduce minimal proof in discharging the burden of proof placed thereto DEBTOR AND CREDITOR LAW:- Prejudgment interest – Issue of interest payable on principal sum – Where party claims interest in the writ of summons by way of a vested right –Need for the claimant to prove the right as one arising by contract or equity or merchantile custom/usage – Need for the basis of the claim for interest to be pleaded and proved – Effect of failure thereto |
| IN RE ADAM EYTON, LIMITED. EX PARTE CHARLESWORTH. (CA) | DEBTOR AND CREDITOR LAW: Insolvency and Winding up – Removal of Liquidator – relevant considerations |
| IN RE CROMPTON AND CO. LIMITED. PLAYER V. CROMPTON & CO. LIMITED. | DEBTOR AND CREDITOR LAW:- Debenture and nature of rights arising therefrom – Recovery of sum covenanted for payment on a certain date – Where debtor company is wound up before such date – How treated |
| IN RE H. E. THORNE AND SON LIMITED | CREDITOR AND DEBTOR LAW: Insolvency – Recovery of sum due on advances by way of bill of sale from bankrupt debtor voluntary wound down – Mutual Dealings – Set-off – Relevant considerations |
| IN RE HARRISON | DEBTOR AND CREDITOR:- Recovery of debt due from deceased debtor’s estate – Where creditor is appointed – Receivership of estate – Degree of priority assigned debt |
| IN RE HULL AND COUNTY BANK. | CREDITOR AND DEBTOR LAW: Guaranteed debt – When instructing counsel for appearance in winding up proceedings is deemed superfluous – Demand for costs – Attitude of courts thereto |
| ISHOLA V. UNION BANK OF NIGERIA LIMITED | DEBTOR AND CREDITOR LAW – BANK DEBTOR:- Prof of repayment of loan – On whom lies – Evidence acceptable as proof – When expert evidence would not suffice DEBTOR AND CREDITOR LAW– BANK DEBTOR:- Bank loan secured via legal mortgage on property – Realisation of loan upon default in repayment – Illegality of mortgage and auction of mortgaged property – Need for same to be specifically pleaded – Relevant considerations |
| JACOBS V. MESSRS OLADUNNI BROTHERS | DEBTOR AND CREDITOR LAW:- Recovery of judgment debt – Proceedings against property wherein judgment debtors had interest – Whether family property held jointly by creditors and other persons in accordance with customary law can be attached towards the satisfaction of debt |
| KABIRU MUSA RANGAZA V. MICRO PLASTIC COMPANY LIMITED | DEBTOR AND CREDITOR LAW:– Recovery of sum outstanding on transactions pursuant to a contractual agency relationship – Where admission is indebtedness but quantum of debt contested – Action via undefended list – How treated DEBTOR AND CREDITOR LAW:– Satisfaction of indebtedness – A party who has admitted indebtedness to the other – Whether has duty to amply demonstrate to the trial court how the indebtedness admitted was liquidated – Whether the burden of proof in all cases of indebtedness is on the defendant who admitted being indebted to the plaintiff |
| KABO AIR LIMITED V. THE O’ CORPORATION LIMITED | DEBTOR AND CREDITOR LAW:- Judgment debtor – where order secured in foreign court – Whether can be registered and enforced in Nigeria – Relevant considerations DEBTOR & CREDITOR:- Foreign judgment – Where incapable of enforcement in the country of origin on account of the absence of assets of the judgment debtor – Whether basis to deprive the judgment creditor of the right to register and enforce the foreign judgment in Nigeria under Sections 3 and 4 of Foreign Judgment (Reciprocal Enforcement) Act, 1961, Cap. 152, Laws of the Federation of Nigeria, 1990 |
| LOVELL AND CHRISTMAS V. GILBERT – CWL | DEBTOR AND CREDITOR LAW: – Bankruptcy – Act of Bankruptcy – Receiving Order – Partnership Firm – Infant Partner – Judgment against Firm – Amendment of Proceeding – Bankruptcy Act 1883 (46 & 47 Vict. c. 52) ss. 4, 5, 6, 105 – Bankruptcy Rules 1886 rr. 260, 262, 264 – Rules of the Supreme Court, Order XLVIII. A rr. 5, 8. |
| MIDLAND RAILWAY COMPANY V. THE LOCAL BOARD FOR THE DISTRICT OF WITHINGTON | DEBTOR AND CREDITOR:- Money paid to public body pursuant to a statutory duty – When recoverable on the grounds of mistake – Need to proceed within statutory prescribed period – Effect of failure thereof |
| MR. CHIBUZOR UWAJE V. MR. EBIELIM MADUEMEZIA & ORS | |
| MR. L. A. OHIOWELE V. MR. EDWARD IGHODARO | DEBTOR AND CREDITOR LAW – PROOF OF INDEBTEDNESS:- Issuance of a check in satisfaction of a loan – Whether constitute evidence of indebtedness – Whether debtor asserts that cash payment had been made in redemption of the value on the checks – Burden of proving same – On whom lies |
| MR. SUNDAY ADEGBITE TAIWO V. SERAH ADEGBORO & ORS | DEBTOR AND CREDITOR LAW: – Loan obtained by a limited liability company on the security of a Deed of mortgage set against the property of company’s Managing Director – Auction of property without full compliance with the applicable statute – Attitude of court thereto |
| JUDGMENTS OF NIGERIAN COURTS | |
| By Substantive Areas | By Litigation/Procedure Areas |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ADMINISTRATIVE GUIDELINES FOR
LOCATIONS OF THE COURTS OF THE FEDERAL CAPITAL TERRITORY FEDERAL