The Attorney-general, Bendel State & Ors. V. United Bank For Africa Limited (1986)

LawGlobal-Hub Lead Judgment Report

COKER, J.S.C.

The parties in this appeal are customers and Banker. The Appellants were the plaintiffs in the High Court of Bendel State, while the respondent, the defendants. The three Plaintiffs are:-

(1) The Attorney-General of Bendel State, (as the legal representative of Bendel State)

(2) Bendel Newspapers Corporation and

(3) Ethiope Publishing Corporation

The last two being State Statutory Corporations. The Mid-West Mass Communication Corporation (hereinafter described as M.M.C.C.) before its dissolution was also a State Statutory Corporation and the Plaintiffs are its successors as regards the transaction leading to these proceeding.

The learned trial Judge found that the three Plaintiffs could in law institute the present action. The finding bas not been questioned in this Court and I say no more about it. The facts of the case are as follows:

The M.M.C.C. agreed with one Wilhelm Stiber to buy an Aircraft Per a pro-forma invoice dated 25/3/75 and U, March 1975. The invoice was addressed to the Government of Midwestern State, Benin City, Midwestern Nigeria. The invoice was received in evidence and marked exhibit 1 and reads:-

“1. Aircraft FOKKER F.27A

Serial No. 108

Like purchase Agreement on March 25, 1975
Price 2,250,000
Costs C & F Benin City 50,000

Total 2,300,000

Less Special Discount 50,000
2,250,000
Wilhelm Stiber KG.

” ”
” ”
7313 WEI LHEIM – TEC