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Court orders sterling bank, other to pay N840m damages over trespass in Delta

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By Sylvester Idowu, Warri

A state High Court sitting in Effurun in Uvwie Local Government Area, Delta State has ordered Sterling Bank Plc and Mr Godwin Nwekoyo (defendants) to pay N840.8 million for unlawfully sealing the premises of Joma Frozen Food Products Limited.

The trial judge, Justice Roli-Daibo Harriman made the order while delivering the judgement in Suit No: EHC/216/2015 filed by the claimant, Agro Allied Development Enterprises.

Justice Harriman held that the 1st defendant, Joma Frozen Food Products Limited, had no direct or indirect responsibility for the actions of the defendants.

Court further held that the sealing of the cold room facility situated at Number 13, Refinery Road, Effurun, Warri, Delta State by the defendants “is an act of trespass.

“The actions of the defendants 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.

“It is the law that a claimant who claims 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 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 stated.

Harriman 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 damage and an additional cost of N300,000.

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

The claimant sought an order of the court declaring that the sealing of the cold room facility and its continued denial of access to same, jointly and severally, by the 2nd and 3rd defendants was an act of trespass and constitute a breach of its rights of peaceful, peaceable possession and quiet enjoyment of its interest in the facility.

The claimant also seeks an order for general and exemplary damages to the tune of N1 million for conversion and Detinue, trespass and breach of its right of peaceful and peaceable possession of the cold room.

It also claimed special damages to the tune of N839. 6 million as the total loss it incurred in selling its fish, damaged during storage at the 1st defendant’s cold room and an additional N5 million being the estimated cost of filing the lawsuit.

The claimant explained that sometimes in August and September 2015, it entered into two separate cold room lease/storage agreements with the 1st defendant (Joma Frozen Food Limited) of its cold room.

According to the claimant, based on the agreement, it was entitled to a peaceable and peaceful possession and quiet enjoyment of the leased property.

The claimant narrated that the 1st defendant was supposed to be responsible for all the services including the provision of power supply, and maintaining and repairing of the refrigerating units to ensure the temperature of the cold room was maintained at a preset degree.

The claimant said that while offloading and storing frozen food valued at N2 billion in the cold room, the 3rd defendant invaded the facility with thugs and policemen, chased away the claimant’s staff and locked up the premises.

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