U.B.A. PLC
V.
BTL INDUSTRIES LTD

(2006) JELR 48135 (SC)

Supreme Court 15 Dec 2006 Nigeria
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- Plaintiff, an importer of goods, sued its banker (defendant) for failure to remit to overseas suppliers the value of goods for which plaintiff had paid the Naira equivalent; the funds were not transmitted due to CBN’s foreign exchange pol

Case Details

Suit Number:SC.301/2003
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
Counsel:Prof. A. B. Kasunmu, SAN (with him, Olisa Agbakoba, SAN; N. I. Quakers; Chike Okafor, Tunde Osadare, Seye Opasanya, Busola Odusanya and Raphael Adeoye) For Appellant Chief Afe Babalola, SAN (with him, Chief S. A. Awomolo, SAN; Bayo Adenipekun, SAN; Dr. Akin Onigbinde, Oyewole, Alhaji Lasun Sanusi, Olu Daramola, B. J. Akomolafe, Remi Awe-Osho [Mrs.], Sesan Dada, A. M. Kolawole, O. A. Balogun [Miss], M. B. Aladesawe [Mrs.], Mary Ekpere [Miss] and Gboyega Oyamide) For Respondent
Other Citations:(2006) 19 NWLR (Pt. 1013) 61, U.B.A. Plc v. BTL Industires Ltd (2006) NWLR (Pt.1013) 61 (2006)12 S.C. 63 (2006)12 S.C. 63

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal by the defendant against the judgment of the Court of Appeal, Lagos Division delivered on the 22nd day of July, 2003 in which the aforesaid court confirmed the decision of the trial court. The claim of the plaintiff before the trial court as contained in paragraph 62 of the 2nd further and better amended statement of claim is as follows:-

"1. Declaration that the defendant was in breach of its duty to the plaintiff by its failure to remit to the overseas suppliers the purchase price (in foreign currency) of the goods supplied by its overseas suppliers for which payment was duly made by the plaintiff.

2. An order directing the defendant to pay the sum of:-

(a) Pounds Sterling #3,632,872.93

(b) Us Dollars 3,384,263.37

(c) French Francs 3,478,031.85

(d) Deutsche Marks 3,431,790.47

(e) Belgian Francs 3,758,533.10

(f) Dutch Guilders 672,810.34

(g) Danish Krone 79,515.00

to the plaintiff being the value of the goods ord…

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