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  • Reichie v. Nigerian Bank for Commerce and Industry
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  • 2016-05-09
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Reichie v. Nigerian Bank for Commerce and Industry

URS REICHIE

[ Suing by his Attorney Oluyomi George-Taylor ]

V

NIGERIAN BANK FOR COMMERCE AND INDUSTRY

SUPREME COURT OF NIGERIA

WALTER SAMUEL NKANU ONNOGHEN JSC ( Presided )

NWALI SYLVESTER NGWUTA JSC

MARY UKAEGO PETER-ODILI JSC ( Read the Lead Judgment )

OLUKAYODE ARIWOOLA JSC

MUSA DATTIJO MUHAMMAD JSC

SC.180/2005

FRIDAY, 26 FEBRUARY 2016

APPEAL - Issue raised in - Appellant - Duty on to confine to matter decided by lower court

CONTRACT- Privity of contract - Doctrine of - Applicability of

EQUITY - Purport of - Application of - Basis of - Party who comes to - Onus on

Issue:

Whether the absence of a contractual relationship between the appellant and the 3rd respondent necessarily implied that there was no cause of action in respect of the appellant’s claims in equity for money had and received and for money held in constructive trust.

Facts:

The appellant as plaintiff commenced an action under the undefended list procedure in the High Court of Lagos State suing by his Attorney, Oluyomi George-Taylor claiming that the 1st defendant who is the alter-ego of the 2nd defendant obtained from a loan of N90,510.00 (ninety thousand, five hundred and ten naira) needed by the said defendants to urgently facilitate the procurement of a loan from the respondent (3rd defendant in the trial court) for a project, and the payment of the money to the respondent was confirmed by the defendants. It prayed the court for the sum of N90,510.00 (ninety thousand, five hundred and ten naira)  with pre and post judgment interest, being money payable by the defendants on account of money had and received by the defendants for the use of the appellant. The 3rd defendant (respondent herein), intending to raise points of law filed no affidavit, but stated in its statement of defence that it had approved the 2nd defendant’s application for loan subject to the 2nd defendant’s payment of non-refundable fee of 11/2% of the loan amount in the sum of N90,510.00 (ninety thousand, five hundred and ten naira) and that it was a stranger to the contract between the defendants and the appellant. The 3rd respondent was however absent on the day when the summons for judgment was heard and judgment was delivered and was granted in favour of the appellant. The respondent filed a application to set the judgment aside, which was dismissed by the trial court. Aggrieved, the respondent appealed to the Court of Appeal, where the appeal was allowed. Also dissatisfied, the appellant appealed to the Supreme Court, contending that the lower court erred by allowing the appeal on grounds that there was no contractual relationship between the appellant and the 3 rd respondent.