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AKINSANYA
V.
UNITED BANK FOR AFRICA LTD.

(1986) JELR 42611 (SC)

Supreme Court 10 Jul 1986 Nigeria
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- The case involves a dispute over a letter of credit for the importation of cement. - The appellant alleges that the documents presented were forged and that no cement was shipped. - The issue of jurisdiction is raised by the Court of Appe

Case Details

Suit Number:SC.95/1985
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:Prof. A. K. Kasunmu (with him O. A. Onanuga (Mrs.) For Appellant Chief F.R.A. Williams, SAN; with him Dr. O. B. Akin-Olugbade. For Respondent
Other Citations:(1986) 4 NWLR (Pt. 35) 273, Akinsanya v. U.B.A. Ltd. (1986) NWLR (Pt. 35)273

KAYODE ESO, J.S.C. (Delivering the Leading Judgment): This appeal involves a most important aspect of commercial law. It deals with Bankers Commercial Credits, an aspect of law that arises in connection with international trade. From in between the First World War, and the Second World War, and more so, since the second world war, financing of international trade has been done mainly through Bankers. This is necessary, especially as international commerce has been instrumental in "squeezing" the world into a commercial size, and thus making international trade and commerce indeed much easier than domestic commerce. As far back as towards the end of the second world war, Scrutton L.J. had stated the principle of confirmed credit with adequate clarity. The Lord Justice said, of commercial credit, in Guaranty Trust Company of New York v. Hannay (1918) 2 KB 623.

"The enormous volume of sales of produce by a vendor in one country to a purchaser in another has led to the creation of an equ…

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