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Court frowns at unlawful seizure of debtor’s property, awards N1.3m against Microfinance Bank

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The Osun State High Court, Iwo Judicial Division has delivered a judgment in favour of one Shittu Rukayat Ayinke against a Microfinance Bank that gives people loan, PWFB PERFECT WISDOM FOR BETTER LTD and it’s Iwo Branch Manager, Mr. Tijani Azeez Arisekola for the invasion of the fashion designing shop of Mrs. Rukayat.

The agent of the bank invaded the shop located at Oweyo Area, Iwo on the 7th day of September 2022 where they carted away two of her sewing machines for the failure of paying the amount of #22,300 she is owing the company out of the #100,000 loan she took from them in January.

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In an application for the Enforcement of Fundamental Human Rights filed by her counsel, Isola Tawfiq Tewogbade, in suit no HIW/M.44/2022 on the 4th day of October, 2022, the applicant sought six reliefs from the Osun State High Court sitting in Iwo praying for the release of her sewing machines and damages as compensation for the illegal and unlawful invasion of her shop and seizure of her properties.

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In a well considered judgment delivered by His Lordship, A.L Adegoke of the Iwo Judicial Division, the court awarded a sum of One Million Naira as exemplary damages against the two Respondents, Tijani Azeez Arisekola and PWFB PERFECT WISDOM FOR BETTER LTD and a sum of Three Hundred Thousand Naira as cost of the litigation and also ordered that the sewing machines be released to her immediately.

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The Presiding Judge condemned the act of the Respondents who took laws into their hands to recover the debt being owed to them by the Applicant and ending up violating her Fundamental Human Rights to Private and Family Life as well as Freedom from Compulsory Acquisition of Property as enshrined in Section 37 and 44 of the 1999 Constitution of the Federal Republic of Nigeria [As Amended].

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