Court orders microfinance bank to pay N500K for refusing customer loan

A Chief Magistrates’ Court in Zuba, Federal Capital Territory,
on Tuesday ordered a microfinance bank to pay N500,000 as
“exemplary damages” over its failure to grant a loan facility to
Ceco CC Investment after it had met all requirements.

Magistrate Abdullahi Illelah entered the judgment in the case
filed by Ceco CC Investment against Atlas Microfinance Bank
Limited.

The court ordered the bank to return the documents belonging to
Ceco in its possession, which were used to process the loan
application.

It also ordered the bank to pay a further N200,000 as special
damages, while another N20,000 as a cost was also awarded.

The News Agency of Nigeria recalls that Ceco CC Investment
approached the court seeking recovery of title document used as
collateral for obtaining a loan from the bank.

The company also claimed N3m as damages and N500,000 as cost of
prosecuting the case.

The company had approached the bank sometime in September 2016
to obtain a loan to enable it clear its goods which had arrived
from China.

Part of the requirements for the loan was that the company must
open an account with the bank, provide collateral and
guarantors.

After the company had met all the requirements, the bank
couldn’t provide the loan despite several promises.

However, the company, through its Managing Director, Mr. Charles
Orji, said the bank had returned the title document to the company
in the course of the court proceedings.

Orji also told the court that he did not know the Plaintiff
(Ceco CC Investment).

He said that in one the bank’s management meeting, it realised
that Ceco CC Investment had businesses around Suleja, Zuba and
Dei-Dei, which led to the opening of the Dei-Dei branch of the
bank.

He said shortly after opening of the branch in Dei-Dei, many
people went to the bank’s headquarters with claims that they had
applied for loans and that their accounts were not credited with
the loan facility.

He added that after checks on their systems, such applications
were not seen in the bank’s system and subsequently, the branch was
closed.

The court in its judgment noted that there was no contention to
the fact that the bank was in possession of the title document and
other documents presented to process the loan application.

It also held that the refusal or negligence of the bank to
return the document to the company was wrong.

(NAN)