UNION BANK OF NIGERIA PLC V. ASSOCIATED NIGERIA HOSPITAL EQUIPMENT LIMITED & ANOR

THERESA NGOLIKA ORJI-ABADUA, J.C.A.: (Delivering the Leading Judgment): The Respondents as per the Notice of Appeal dated 4/8/2008 commenced an action against the Appellant at the Kano state High Court in suit No. K/694/2002 stating that in 1999, the 1st Respondent applied for an overdraft facility, the Appellant demanded by a letter dated 29/3/99 that the overdraft be secured with a landed property covered by a Statutory Certificate of Occupancy No. LKN/RES/RC/82/414 belonging to the 2nd Respondent. The 2nd Respondent is the Managing Director of the 1st Respondent. Prior to the grant of the said overdraft, the Appellant had granted to the 1st Respondent an overdraft of N1.5 million by a letter dated 7/11/97 and secured with the same property, which was then transferred to the latter facility. From the averments, the 1st Respondent had problem with the repayment of the overdraft which allegedly caused them, and their sister Companies to be defamed. It was asserted that in October, 200…