Court awards N3.34b damages against Sterling Bank over Illegal occupation of Wellington Hotel premises
Delta State High Court sitting in Effurun has awarded over N3.3 billion cost of damages against Sterling Bank Plc over unlawful sealing, and forceful take over of Wellington Hotel Ltd premises
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 it’s 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 took 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 defendants 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.
