CORAM

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COKER, JUSTICE, SUPREME COURT

LEWIS, JUSTICE, SUPREME COURT

OBASEKE, JUSTICE, SUPREME COURT

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PARTIES

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BANK OF WEST AFRICA LTD APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellant was instructed to clear certain goods by the respondent on the basis of a transaction arrangement between the parties. The appellant refused to deliver the goods to the plaintiff and insisted that no such arrangement or custom existed.

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HELD

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The court held that the respondents evidence shows that such an arrangement existed and that the appellant was liable to pay the cost of the goods as damages.

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ISSUES

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Whether the custom alleged by the respondent was proved and if so, whether the respondent was entitled to the gross profit he would have made from the goods in view of the fact that the respondent would have expended some money in the course of selling the goods.

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RATIONES DECIDENDI

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PROOF OF CIVIL CASES

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Civil cases are proved by preponderance or weight of evidence. Per Coker J.S.C

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CASES CITED

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Gallagher v. Shilcock [194912 K.B. 765;

Henry Ezeani v. Ejidike[1964] 1 All N.L.R. 402.

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STATUTES REFERRED TO

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