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THE EXPORT-IMPORT BANK OF THE UNITED STATES OF AMERICA V. NIGERIAN DEPOSIT INSURANCE CORPORATION (QUA PROVISIONAL LIQUIDATOR OF GULF BANK PLC)

(2021) JELR 107004 (CA)

Court of Appeal  •  CA/L/372/2011  •  16 Mar 2021  •  Nigeria

Coram
Joseph Shagbaor Ikyegh, JCA Onyekachi Aja Otisi, JCA Abdullahi Mahmud Bayero, JCA

Appearances
O. IYAYI, ESQ. For the Appellant; O. AKINOSUN, SAN, with him, AYODEJI JOLAOSO, ESQ. For the Respondent.

Judgement
<p><strong>ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment):</strong> This appeal was lodged against the decision of the Federal High Court, Lagos (the lower Court) in its ruling delivered on January 14, 2011 Coram P. Ajoku, J. in Suit No: FHC/L/CS/1295/2005 wherein the lower Court, in an application filed by the Respondent, held that it had no jurisdiction to adjudicate upon the Appellant’s claim.</p><p>​The facts leading to this appeal, on the part of the Appellant, may be summarized in this manner: By a Commercial Invoice and Original Final Invoice No WTI/FCT/NG/10/2003A dated 21/10/2003, the Widespread Trading International Inc (WTII) had a contract with FC and T Projects Ltd (FC and T), a private limited liability Company based in Nigeria whereby WTII agreed to sell and FC and T agreed to buy 25 refurbished 86/90 Forty Foot GMC/RTS Transit Buses (the goods) at a total free-on-board value of $562,500.00. By the Commercial Invoice and Original Final Invoice, the freight charges and ancillary cha…</p>

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