Emma Elekwa
An Imo state High Court sitting in Owerri, the state capital, presided over by Justice J. M. Njaka has ordered the management of Fidelity Bank Plc to pay a total sum of N337, 905,965 to one of its customers, Ifeco Communications Limited being part of excess amount allegedly deducted by the bank from the account of the company domiciled in the bank.
Out of this amount, N327,905,965 represented excess charges, including excess COT, legal fees and management fees wrongly charged on Account No. 4010471004 belonging to the 1st plaintiff, while N10,000,000 is for damages.
In the Suit No HOW/260/2016, Ifeco Communications Limited 1st plaintiff and Pretoria City Hotel and Resort Limited, 2nd plaintiff had dragged the defendant, Fidelity Bank Plc to the court seeking a declaration of the court that the 2nd plaintiff, Pretoria City Hotel and Resort Limited, by the Audit Report of Ambrose Ekoh and Co., is only indebted to the defendant the sum of N101,732,109.46 being owed by the 2nd plaintiff from the sum of N429,638,075 owed to it by the bank which will reduce the excess charges owed by the bank (defendant) to the 1st plaintiff to N327,905,965.
The plaintiffs, through their legal counsel, Ben Osaka SAN with Charles Agusiobo also sought a declaration of the court that by the Audit Report, the 1st plaintiff is not indebted to the refund of the sum of N428, 638,075 being the excess amount charged.
Breach of trust
It added that it is wrong and a breach of trust and confidentiality for the bank to withdraw or deduct money from the Account of Ifeco Communications Limited which is domiciled with her without its consent for the payment of any interest on loan or whatsoever she claims the 2nd defendant owes her.
Counsel for the defendant, Tochukwu Maduka SAN with Chimeremeze Nwokoma, had in their final address, argued that the plaintiffs’ claims as outlined in paragraphs 37 to 51 of their amended statement of claim hinge on Audit Reports (Exhibits A – C) prepared unilaterally during the pendency of the suit.
He argued that this rendered them inadmissible and lacking probative value due to the absence of the defendant’s involvement.
Defence counsel emphasized that the plaintiffs initially admitted indebtedness to the defendant but altered their case upon changing counsel.
But in his judgement, a Certified True Copy, CTC of which was obtained by newsmen, Justice Njaka declared: “I find that the Ambrose Ekoh Audit Reports are reliable, credible and consistent with the documentary and oral evidence before the court.
The court noted that the 2nd plaintiff only owed the defendant N101,732,109.46 hence reducing the excess charges against1st plaintiff to N327,905,965.
“The defendant is hereby therefore ordered to pay the 1st plaintiff the sum of N327,905,965 for excess charges, including excess COT, legal fees and management fees wrongly charged on Account No. 4010471004 belonging to the plaintiffs.
The presiding judge ruled that the defendant failed to provide sufficient and credible evidence to prove the sum claimed, as required by law.
“Its reliance on unexplained statements of account and disputed entries, without adequate oral evidence, is fatal.
“Accordingly, the counter –claim is hereby found to be unproven and is hereby dismissed. I so hold” the court ruled.
