By Sunny A. David
An Onitsha based businessman drags Sterling Bank Plc to court over refusal to honour the cheque issued by Pyrochy International Limited to his creditors.
In the statement of claim, the defendant Sterling Bank Plc is a banker and has her branch office at No. 34 Port Harcourt Road Onitsha and the plaintiff Pyrochy International Limited is the owner of Bank Account No: 0066385812 with defendant’s branch office at No. 34 Port Harcourt Road Onitsha refused to attend to or honour the cheques issued by the plaintiff to his creditors on the oral excuse that the plaintiff’s account No: 0066385812 was on a non enforcement restriction.
On enquiry, the plaintiff’s managing director, Chief Chinedu Oruche was told orally that the plaintiff’s account with the defendant was placed on a non enforcement restriction. That no debit will be made on the account.
The non restrictive enforcement caused the plaintiff great injury in that, it lost the good will and trust of her customers and caused the stoppage of the payment of clearing of the goods imported by the plaintiff.
Meanwhile, the plaintiff claims against the defendant as follows: A declaration that the non restriction order placed on the plaintiff’s account no: 0066385812 by the defendant is illegal, unlawful and unknown to law.
An order of court on the defendant to remove the non restriction order placed on the plaintiff’s bank account no: 0066385812 by the defendant.
A declaration that a magistrate has no power to issue a banker’s order/order freezing the debiting of the plaintiff’s bank account no: 0066385812 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, good will and trust by the plaintiff due to the act of the defendant.
Justice I. Nwaeze fixed the hearing date to February 7, 2020 after Barrister M.O. Ugwuanyi Esq cousel represented Sterling Bank Plc appealed for extension of time which Barrister Godwin Madubuko Esq who represented Pyrochy International Limited concurred.
Speaking on the adjournment of the matter, Barrister Godwin Madubuko Esq stated that it was to enable Sterling Bank Plc counsel to file motion to recognize the suit.