(2014) JELR 39798 (CA)    

Court of Appeal  ·  CA/L/384/09 ·  29 Jan 2014 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
notice of appeal
fresh issues
3rd amended reply
lower court
learned trial judge
senior counsel
grounds of appeal
f. o. fagbohungbe
senior counsel fagbohungbe
civil procedure
1st defendant
amended notice of appeal
first appellant
firm of legal practitioners
high court of lagos state
order of this court
statement of claim
appellants brief of argument
counter claimants
date of judgment
hon. justice g. m. onyeabo
second appellant
senior counsel fagbohungbe san
sum of n235
appellants reply
conclusion of trial
counsel olatunde adejuyigbe
court of appeal rules
court plaintiff
customer of the respondent
determination of this appeal
documentary evidence
ehinlawo v. oke
fagunwa v. adibi
file motion
judgment of the court
leading judgment
none of the issues
notice of cross appeal
part of appellants
part of the decision of the lower court
proposed amended notice of appeal
respect of the following properties
right decision
said application
said grounds of appeal
said indebtedness
said issues
said properties

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): The first Appellant herein, is a trading company and customer of the Respondent, with account No. 110770001. In the normal course of business, first Appellant applied for and obtained overdraft facilities to finance the importation into Nigeria of frozen fish.

By the terms of the offer, the first Appellant would provide 20% of the value of the letters of credit, while the Respondent would provide 80% that second Appellant would execute personal guarantee to repay the facility granted to the first Appellant on demand. That the Respondent would also have lien on the imported stock, Triana Limited was therefore appointed as warehousing agent with specific instructions to release the stock to first Appellant upon receiving warrant to release from the Respondent.

First Appellant said the Respondent started selling the stock directly to members of the public and failed to make payments into its account.

The Respondent as Plaintiff …

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