CORAM
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
BANK OF WEST AFRICA LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
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.
HELD
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.
ISSUES
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.
RATIONES DECIDENDI
PROOF OF CIVIL CASES
Civil cases are proved by preponderance or weight of evidence. Per Coker J.S.C
CASES CITED
Gallagher v. Shilcock [194912 K.B. 765;
Henry Ezeani v. Ejidike[1964] 1 All N.L.R. 402.
STATUTES REFERRED TO