At
all Material time , Innoson Nigeria Ltd operates a Current Account with GTBank
.
*2* -
Innoson obtained , and had repaid same , a loan of N1.3billion from GTB Which
was secured with a legal mortgage of its properties valued at more than
N1.4billion .
*3* -
Innoson discovered that GTBank imposed excess and unlawful charges in its
Current account .
*4* Innoson
Group Complained to GTBank on his discovery of access charges on his account .
*5* - Both
parties ( Innoson and GTBank ) agreed to invite an independent auditing firm
that will be agreed by both parties .
*6*- At
the end , MULTI-WINGS Consulting Firm of Auditors was invited to properly audit
Innoson Nigeria Ltd Current account No 0043753636 domiciled with Nnewi Branch
of GTBank . The audit covers a period from March 2004 to Dec 2011 .
*7* -
After the account was audited , it was discovered that GTBank has been
illegally deducting excess bank charges on its overdraft facility to the
Innoson to the tune of seven hundred and Eighty-Six Million, Two Hundred and
Five Thousand , Nine Hundred and Fifty-Five Naira , Ninety Nine kobo (
N786,205,955.99).
*8* -
GTBank was shocked at the audit report when the report was forwarded to it
.They replied in their letter to Innoson on 20th January , 2012 that it will
investigate the issue raised and will get back to Innoson on the Conclusion of
its investigation .
*9* - In
the month of September 2012 , GTBank wrote to Innoson that from their personal
audit report , the excess bank charges was Five Hundred and Fifty-Nine Million
, three Hundred and Seventy-Two naira ,Nine kobo ( N 559.3Million).
*10* -
Innoson agreed to their version and decided to accept payment from it in the
spirit of amicable resolution.
*11*-
Innoson also requested that the said agreed amount of N559.3million be paid
with a 22% interest rate because Innoson had been repaying all his loan with
GTBank at 22% interest rate.
*12* -
GTBank refused and said that the best they can repay excess and illegal
deduction is at 7% interest rate . This led to another disagreement between
Innoson and GTBank .
*13* - As
a result , in 2012 , Innoson sued GTBank at Federal High Court Awka with Suit
No : FHC/Awk/Cs/2012 .
*14* -
Federal High Court, Awka delivered Judgement in favour of Innoson in excess of
N4.7billion against GTBank.
Delivering
Judgement in suit no : FHC /Awk/ CS / 139/2012 , the FHC awarded N4.7billion to
Innoson Motors against GTBank .
*The court
also ordered GTBank to pay 22 % (percent ) interest on the Judgement debt until
all the payment had been made to Innoson .*
*15* - In
2013 , GTBank appealed against the judgement to the Court of Appeal, Enugu
Division, appoxite appeal No: CA/E/288/2013 .
*16* - The
Court of Appeal , Enugu in a Considered ruling ordered GTBank to pay the
Judgement debt of N6billion Inclusive of the accrued interest and any interest
that would subsequently accrue thereon into an interest yielding account in the
Name of the Chief Registrar of the Court .
*17* - In
its various affidavits, particularly at the Court of Appeal in suit no :
CA/E/288/2013 , GTBank deposed that if it pays the outstanding Judgement debt
of N6billion , much less the N8.5billion , it could go bankrupt and be out of
business .
*18* - it
was GTBank That went to the Supreme Court
*Another
Case:-
IBADAN
Cases : Innoson /GTBank/Nigerian Custom Service :
*19* -
Nigerian Customs Service Auctioned Innoson goods .
*20* -
Innoson challenged the action Nigerian Custom Service for auctioning its goods
at Federal High Court , Ibadan .
*21* - On
July 29 ,2011, In a Garnishee Order Absolute , the Federal High Court sitting
in Ibadan ordered GTBank to Pay Innoson #2,048,737,443,67 (#2billion) from
Nigerian Customs account in GTBank .
*22* -
Rather than Comply with the Garnishee Order Absolute of the Court , GTBank on
February 6, 2015 appealed the Judgement , but the Court of Appeal in Appeal no.
CA/1/258/2011 affirmed the Judgement of the Federal High Court and ordered
GTBank to pay the Judgement debt of #2,048,737,443.67 (#2.048billion) to
Innoson .
*23* -
GTBank , instead , appealed to the Supreme Court against the Court of Appeal's
decision where GTBank claimed through a motion in suit no : Sc /694/2014, that
the Court of Appeal Judgement in Ibadan (CA/I/258/2011) was procured by suspicious
means .
*24* - On
May 12, 2017 , Supreme Court in its wisdom and rightly , dismissed that
unfounded and exasperating claim of GTB against Innoson .
*25* - As
a result , Innoson commenced a N400 billion suit against GTBank , in the suit
No: FCT /HC/CV/2448/2017 at the High Court of the Federal Capital Territory,
Abuja .
*Another
issues 😗
*26* -
Consequently , in order to save itself from paying the outstanding Judgement
debts to Innoson , the GTBbank filed a petition against Innoson alleging forgery
which led to the suit No : FHC /L/565C/2015 by Police .
*27* - On
February 17, 2016 , Police properly and Competently withdraw the charges
against Innoson , saying they needed to properly investigate the bank's
complaints first and see if they had merits .
*28* - On
September 1 , 2014 , GTBank secured an ex parte order on Innoson Nigeria
Limited, dated September 1, 2014 with suit no FHC/L/CS/1119/2014 , filed before
a Federal High Court in Lagos , between GTBank and Innoson Nigeria Limited ,
issued by *Justice Okon Abang* , ordering that , pending the hearing and the
determination of the substantive suit , all Commercial Banks in Nigeria were
restrained from accepting in any manner whatsoever to any mandate or
instruction presented to them by Innoson Companies or any of its agents or
nominees for withdrawal of any sum of money standing to the credit of any
account maintained by the company in all the banks.
*29* -
However , on June 10, 2015 , *Justice Saliu Saidu* of the Federal High Court ,
Lagos , in a Considered ruling set aside the ex parte order of September 1,
2014 , by Justice Okon Abang and the writ of summon as well .
*30* -
Innoson then slammed a N30 billion suit on Guaranty Trust Bank for what it had
suffered in monetary terms and reputational terms during the months when the
accounts of its companies in all Nigerian banks were frozen.With Innoson
winning both cases at the High Court and both cases at the Appeal Court, and
GTB appealing, both cases are awaiting the verdict of the Supreme Court.
Meanwhile the fresh N30 billion naira suit WAS presented at the high court In
2017.
....
In all ,
Innoson has won two High Court cases and two Appeal Court cases all against AND
NOW ONE SUPREME COURT CASE AGAINST THE EFCC
culled
from
-ikechukwu
emeka
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