Skye Bank Plc has put machinery in motion to recover a debt of N9,903,790,738.98 from estate management company, Senkay Nigeria Limited and its directors, Mr Mofoluso Oluyemi Ayeni and Mrs Grace Abosede Ayeni by filing an application before a Federal high court in Lagos, Southwest Nigeria, for an order entering final judgment against them.
In an affidavit sworn to by the head projects and structure finance unit of Skye Bank Plc, Muyiwa Obilanade in support of motion for judgment filed before the court by Prof Gbolahan Elias.
The deponent alleged that Senkay Nigeria Limited applied for and was granted N4.5 billion credit facilities in three tranches for the development of a 15-storey office complex known as Kanti Towers on 1,300 square meter of land at 35c Adetokunbo Ademola Street, Victoria Island, Lagos State.
The loan facilities were secured by personal guarantees of Senkay’s promoters Mofoluso Oluyemi Ayeni and Grace Abosede Ayeni and a deed of legal mortgage executed by Senkay Company in favour of the bank over Kanti Towers.
The principal and interest at the rate of 19% per annum were repayable over a period of 84 months.
On November 23, 2016 the bank demanded Senkay repays the outstanding amount which then stood at N9, 450, 273, 176. 63, but Senkay Company has neglected, failed and refused to repay to the bank the principal and interest due on the facilities up to date.
The bank and Senkay had tried together to sell Kanti Towers so that the proceeds of the sale will be used to settle the facilities, but their effort have not yielded positive result.
Despite negotiation, which the bank conditionally accepted the sum of N8billion in full and final payment of the total and standing indebtedness, Senkay and its promoters are in breach of their repayment obligations both under the facilities and the agreement having failed to pay either the compromise sum or the full sum.
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Obilanade contended that the company and its promoters have no defence to the counter-claim of the bank consequently the bank is urging the court for an order entering final judgment in favour of Skye Bank Plc and against Senkay, Mofoluso Oluyemi Ayeni and Grace Abosede Ayeni in the sum of N9,203,790,738,28 being the amount due and payable on the various facilities the bank granted to the company and its promoters.
Interest on the said sum at the rate of 21% per annum from march 7, 2017 until entire debt is liquidated.
Any delay in entering final judgement against the company and its promoters will occasion grave injustice to the bank as the money owed the bank by the company and its promoters are depositors funds which the bank is obligated to pay as and when due to its depositors.
Senkay Nigerian Limited and its promoters then instituted legal actions against Skye Bank Plc through a Lagos lawyer Oluwakemi Balogun SAN who has been appointed as a Receiver for the purpose of realizing the security and, Registrar of Title Lagos State.
The plaintiffs alleged that, as copiously stated having regards to the nature and peculiar terms of the credit facility granted to Senkay the bank has no right to recall the credit facility granted to the company or demand for the repayment of same until after 84 months (7 years) commencing from 13th February 2013.
It was based on the foregoing agreement that there were never demands from the bank to the Plaintiffs at any time to repay the said credit facility, until the time the bank attempted to sell the property is surreptitiously or covertly without the consent of the Plaintiffs.
In other words, the bank’s claim that the Plaintiffs have failed to repay the amount stated despite several demands is spurious and frivolous.
The said credit facility claimed by the bank was not due and payable at the time the bank filed its application for final judgement and even the counter claim in this suit.
Consequently the company and its promoters urged the court to dismiss the bank’s application because the said application is not only premature but frivolous and constitutes a gross abuse of court process.
Meanwhile, the presiding judge Professor George Azuka Obiozor has adjourned till 23rd of October, 2018 for further hearing.
