Follow Us on Google
From Joe Obukata Ogbodu, Warri
Effurun High Court has ordered a commercial bank to pay N3.34 billion in damages to Wellington Hotel Ltd for the bank’s illegal and forceful takeover of the hotel’s premises.
The court also set aside the purported sale of the hotel by the bank and ordered them to render an account of their management of the facility during the period of illegal occupation which was from September 11, 2015 to May 31, 2016.
The court’s judgment was delivered in a suit filed by Wellington Hotel Ltd against the bank and Bay Resources and Allied Services Ltd.
The hotel had sought declarations that the defendants’ actions amounted to trespass and were unconstitutional, illegal, and unwarranted.
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.
The bank was said to have taken over the hotel at plot 17 GRA, extension along Effurun-Ughelli expressway, Effurun in Delta State between September 11, 2015 and May 31, 2016.
Delivering judgement.in suit No. EHC/75/2020: “Wellington Hotel Ltd Vs the Bank and Another”, presiding judge, Justice Emmanuel Dolor, ordered the bank to pay N1b general damages and another N1b being true value of things damaged by defendants during the period of illegal and forceful occupation of the hotel’s premises.
Justice Dolor similarly 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 as well as N2,895,650.00 awarded for destruction of perishable items within the hotel during the period.
He 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.
Justice Dolor also ordered that 20 percent interest on total sum awarded, commencing from the day of judgement be fully paid to Wellington Hotel Ltd.
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.
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” while the defendants were absent in the court.
