NIGERIAN BANK OF COMMERCE & INDUSTRY V. KUMBO FURNITURE COMPANY NIGERIA LTD.

SANUSI, JCA (Delivering the Lead Judgment): In the High Court of Benue State (hereinafter referred to as the “the lower court”) the respondent herein as plaintiff took a writ of summons against the appellant herein as defendant. Both the appellant and respondent entered into an investment and mortgage agreement. The appellant/defendant granted a loan to the respondent/plaintiff for the sum of two hundred and thirty thousand naira (N230,000.00). The respondent defaulted in the repayment of the loan as and when due. On 30th May, 1991, the branch manager of the Makurdi branch bank of the appellant, one Mr. Okibe Samuel Eze caused the forceful entry into the respondent’s factory for which was built with the loan secured by the respondent, chased the staff in the factory out and took over the same and detailed some people to guard the property and prevented people from entering the factory. The said branch manager also sold the generating plant of the respondent. The matter was reported …