CaseLaw
Owena Bank V. NSCC Ltd (1993) CLR 6 (D) (CA)
Brief
Facts
The fact of the case, briefly put, are the plaintiff/respondent was guaranteed an import licence No.L000500 on the 26th January, 1983 by the federal ministry of trade and import granulated sugar. The sugar to be imported was limited to the value of N437,500.00k. The licence was picked up by one paul Onugbulewho instead of giving to the plaintiff/respondent gave it to the 1st defendant who inturn used, it to open a letter of credit with the 2nd defendant/appellant. The import licence was accordingly used by the 1st defendant to import sugar in the name of the plaintiff/respondent. The sugar thus imported was used by the 1st defendant to exclusion of the plaintiff/respondent. The plaintiff/respondent therefore sued the 1st defendant and the appellant, claiming as shown in the writ of summons. The 1st defendant filed a defence for the action but following the withdrawal from the case of it counsel with leave of it court, the 1st defendant took no further in the proceedings. It may be pertinent to mention here that the 1st defendant made some serious allegations about its relationship with the plaintiff/respondent in the matter concerning the import licence and the importation of the granulated sugar-see paragraph 3,4,5,6,7,8and 9 of the statement of defence of 1st defendant. The plaintiff/respondent filed a reply thereto denying any knowledge or existence of the letters pleaded by the 1st defendant as well as denying that Paul Onughele was its agent.
The learned trial Judge delivered judgment against both defendants and found them "liable to the plaintiff for wrongfully converting the plaintiff's Import Licence No.L000500 dated 26th January, 1983 for the importation of granulated sugar". He awarded the "sum of N1,848,239.00 as damages in favour of the plaintiff company and against the 1st defendant company and the 2nd defendant bank jointly and severally as claimed by the plaintiff company".
The appellant appeal to the court of appeal against this judgement.