COKER, J.S.C. (Delivering the Leading Judgment)-The appellants, the Bank of West Africa Ltd., now Standard Bank Nigeria Ltd., were the defendants in an action instituted in the High Court, Lagos, whereby the plaintiff, now respondent, claimed as follows:-
"The plaintiff's claim against the defendant is for the delivery of the plaintiff's cartons of rubber sponge sheets Nos. 71/22, 71/23, 71/24, 71/25 and 71/26 in the custody of the defendants which the defendants have refused to deliver.
Or in the alternative the plaintiff claims the sum of 13,7251s.8d(pounds) being general and special damages for the unlawful detention of the said goods since the 25th February, 1964."
Pleadings were ordered to be delivered and were duly delivered. The plaintiff's statement of claim averred in substance that:-
(i) the defendants were the bankers of the plaintiff;
(ii) there was a custom between them whereby the plaintiff would request the defendants to clear his goods from the Customs for him and at h…