By Sunny A. David
An Onitsha High Court in Anambra State presided over by Justice J.I. Nweze has awarded the sum of N100, 000 cost against Sterling Bank PLC for not filing statement of defence on a N500m suit.
It would be recalled that an Onitsha based limited liability company, Pyrochy International Limited in a suit claimed N500m suit against the Bank over refusal to honour the cheque issued by the company to its creditors.
Other claims which contained in the plaintiffs statement of claims included; declaration that the non restriction order placed on the company’s account by the defendant is illegal, unlawful and unknown to law.
An order of the court on the defendant to remove the non restriction order placed on the plaintiffs bank account by the defendant, as well as a declaration that a magistrate court has no power to issue a banker’s oredre/order freezing the debiting of the plaintiff’s bank account with the defendant under section 30 of the magistrate court law of Enugu State.
A declaration that a bankers order/order freezing the bank account of the plaintiff cannot be validly issued and acted upon without a court proceeding with suit number and record of proceeding and N500,000,000 as general damages for loss of business opportunities, profit, goodwill and trust by the plaintiff due to the act of the defendant.
When the matter was called for hearing, the counsel to the defendant Barrister I. Onu Esq pleaded the court for extension of time to file his statement of defence, stating that he was sent by Barrister M.O. Ugwuanyi Esq to represent the defendant.
Barrister Godwin Madubuko counsel to the plaintiff reminded Barrister Onu that Barrister M. O. Ugwuanyi who sent him was previously granted extension of time to file his motion and further explained that it was the same non filing of statement of defence and extension of time led to the adjournment of the matter initially, contending that the counsel to the defendant will pay the cost of N200,000 for his time wasted and inconveniences.
Justice J.I. Nweze while ruling to adjourn the matter told the Counsel to the defendant to pay the sum of N100,000 cost to Counsel Madubuko on or before 3rd April this year, since the hearing could not proceed as a result of his in ability to file statement of defence as previously granted to him.
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