Court Orders Edwin To Pay N2.78 Million Debt To Rockview Hotel Staff Co-Operative

Justice Oji ordered that if Mr Edwin fails to comply with the order above, the Rockview Hotel Staff Co-Operative are permitted to sell Mr Edwin Toyota Camry in satisfaction of his indebtedness to the Co-operative in accordance with law and the Rules of the Court.

From facts, the claimant- Rockview Hotels Limited, and Kenneth representing himself and other members of the Rockview Hotel Staff Co-Operative, Thrift & Credit Society had submitted that Edwin received the loan funds from the coffers of Rockview Hotel Staff Co-Operative, Thrift & Credit Society -ROSCOOP to his benefit, that Mr Edwin acquired several properties including 2 cars one of which is a Toyota Camry which was procured using credit/funds advanced from the general contributions of other participating members of Co-operative.

The Co-operative averred that notwithstanding Mr Edwin’s undertakings to repay the loans and securities/collateralization for the loans, Mr Edwin seriously defaulted in the repayment of his indebtedness to the Co-operative and has also, contrary to the terms and conditions of his employment, abandoned his duty post since February 2021.

However, Mr Edwin did not file any process in defence of the case and neither did he present any witness in defence of the suit despite being served with hearing notices and court processes.

The Co-operative maintained that as of 1st March 2021, Edwin was indebted to the Co-operative in the total sum of N2,781,800.00 (Two Million Seven Hundred and Eighty-One Thousand Eight Hundred Naira), being outstanding sums due from the loans/credit facilities, and urged the court to grant the reliefs sought.

In a well-considered judgment, the presiding Judge, Justice Elizabeth Oji reiterated that though Edwin led no evidence in his defence in relation to the case, that judgment would only be given to the Co-operative and the Hotel on the strength of their case, not on the absence or weakness of the Defence.

On whether the Co-operative are entitled to the reliefs they sought in the case, Hon. Justice Oji held that Co-operative evidence remains un-contradicted, and Exhibit C14 shows that Mr Edwin is the owner of the Toyota Camry mentioned in the suit.

“Having regard to the evidence led in this matter, I am convinced that the Claimants have satisfied the burden of proof placed upon them to establish their claims in this matter. In the absence of any evidence from the Defendants to contradict Mr Edwin’s factual pleadings and rebut the evidence led by the Claimants, the Defendants are deemed to have admitted and accepted all the facts pleaded and evidence led by the Claimants in this suit. In the circumstances of this suit, the Claimants’ claims ought to be granted without more.” Justice Oji

The Court declared that Edwin is indebted to the Claimants in the total sum of N2, 781, 800.00 (Two Million Seven Hundred and Eighty-One Thousand Eight Hundred Naira) being sums which remain unpaid from advancements to the Edwin.

Justice Oji further declared that the Co-operative lawfully and validly exercised their right of lien in respect of Mr Edwin Toyota Camry following Mr Edwin failure/refusal to repay the total sum of N2,781,800.00 (Two Million Seven Hundred and Eighty-One Thousand Eight Hundred Naira) being Mr Edwin’s outstanding indebtedness to the Claimants herein.

The Court granted an order restraining Mr. Edwin (including his agents, assigns, heirs, legal representatives, privies and successors-in-title) from dissipating, alienating, selling, dealing with or disposing of the assets of Mr. Edwin, including his Toyota Camry.

Justice Oji awarded the sum of N1,000,000.00 against Mr Edwin for cost of action.