METROPOLITAN ESTATES V. UNION BANK OF NIGERIA PLC

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 30/7/1997 by the High Court of Abia State presided over by I.F. Ogbuagu J. (as he then was) (hereinafter to be simply referred to as the lower Court and learned trial Judge respectively). The Appellant as Plaintiff commenced the instant action by a writ of summons dated 4/12/1989 but which issued on 15/12/1989. He claimed therein as follows: -

The Plaintiffs claim against the defendant is for the sum of £282,991.27 (British Pound Sterling) or its equivalent ₦565,982.54 (Nigerian Currency) being money payable by the defendant to the plaintiff for money had and received by the defendant for the use of the plaintiff, and also interest at the rate of 11% (eleven per centum) from the 1st day of January, 1983.

Particulars

The Plaintiff between 1982 and 1983 consigned several goods to their customer in Nigeria with instruction that the value of the goods should be paid to the…