The Delta State High Court in Effurun has ruled against Sterling Bank Plc, ordering the payment of over N3.34 billion in damages for the unlawful sealing and forceful occupation of the premises of Wellington Hotel Ltd.
The verdict highlights the bank’s breach of legal and property rights, bringing justice to the hotel’s proprietors.
Justice Emmanuel Dolor handed down the award in the judgement he delivered on Monday in Suit No. EHC/75/2020: Wellington Hotel Ltd Vs. Sterling Bank Plc & Anor.
Wellington Hotel had through its counsel Obriks Uloho instituted the suit against Sterling Bank Plc and Bay Resources and Allied Services Ltd (Defendants) in May 2020.
While Wellington Hotel is Claimant in the suit, Sterling Bank Plc and Bay Resources and Allied Services Ltd were 1st and 2nd Defendants respectively.
The financial Institution was alleged to have illegally and forcefully taken over Wellington Hotel in Effurun between Sept. 11, 2015, and May 31, 2016.
In the judgement, the Court also set aside the purported sale of Wellington Hotel by Sterling Bank Plc to Bay Resources and Allied Services Ltd.
The judge ordered Sterling Bank Plc to pay N1 billion as general damages and another N2 billion as Special damages for the period of illegal forceful occupation of the hotel’s premises.
He further ordered the bank to pay N1,337,298,750 being special damages for the loss of income for eight months of the illegal and forceful occupation of the hotel’s premises.
Justice Dolor also awarded a sum of N2,895,650.00 against the bank for the destruction of perishable items within the hotel during the period.
He ordered that the defendant should render an account of proceeds made during the illegal occupation and management of the facility within eight months to the claimant.
The judge also ordered that 20 per cent interest be paid on the total damages to Wellington Hotel commencing from the day of the judgement.
He also ordered that the defendant should render an account of proceeds and management of the facility during the illegal occupation of the premises on or before January 25, 2025.
He held that the claimant had locus standi to institute the suit as well as that the claimant was in actual possession of Wellington Hotel at the time of the illegal and forceful invasion.
The Judge however ruled in favour of the defendants that a newspaper publication made during the incident did not amount to defamation noting that the claimant did not call any other witness apart from the Managing Director.
Wellington Hotel Ltd had in a writ of summons sought for a declaration that the defendant’s forcible entry into its premises without the permission of the claimant amounted to trespass.
It also sought for a declaration of the court that the Instigation, prompting and use of officers of the Nigerian Security and Civil Defence Corps (NSCDC) by the defendants to forcibly take over, seal up, completely shut down and interfere with the claimant’s use, occupation and management of Wellington Hotel Ltd was unconstitutional, illegal, unwarranted, irregular and amounted to trespass.
Dr Jonathan Ekperusi and Frederick Agbonifo from O. Obriks Uloho and Co chambers represented the claimant and commended the Judge for delivering the judgement which they described as “classic”.
When the matter was called on Monday, the defendant did not appear in court neither did it sent representatives.
