Bilante International Ltd. V. Nigeria Deposit Insurance Corporation (2011)

LAWGLOBAL HUB Lead Judgment Report

JOHN AFOLABI FABIYI, J.S.C.

The appellant/cross-respondent herein was the plaintiff in the High Court of Enugu State. It claimed the sum of N95,684,741.57 as special and general damages for breach of contract to lend money for its road construction project. The respondent/cross-appellant filed a counter-claim thereat for outstanding and unpaid overdrafts made to the appellant amounting to N13,050,002.79 as at 29th February, 1992. The trial court awarded the sum of N75,684,741.57 damages against the defendant. It also dismissed the defendant’s counter-claim.

The defendant appealed to the court of Appeal, Enugu Division (“the court below” for short) against the whole judgment. The court below set aside the judgment of the trial court on 13th January, 1997 in respect of the stated damages awarded. However, it upheld the dismissal of the counter-claim by the trial court.

Both sides have appealed to this court. The plaintiff filed the main appeal while the defendant cross- appealed.

On 21st March, 2011 when the appeal was heard, learned counsel for the appellant moved an application filed on 2nd June, 2010 to substitute Nigeria Deposit Insurance Corporation for the respondent on record. There was no objection raised and same was granted. Thereafter, learned counsel on both sides adopted briefs of argument as exchanged and filed on behalf of the parties.

On page 4 of the appellants’ brief four (4) issues were couched for determination of the appeal. They read as follows:-

“(1) Whether the Court of Appeal was competent to exercise jurisdiction in respect of the respondent’s appeal.

(2) Whether, having regard to all the documentary evidence, the Court of Appeal was right in holding that there is no contract between the parties by which the respondent was to advance overdraft facilities to the appellant for the execution of the road contracts during the twelve months duration of those contracts.

(3) Whether the Court of Appeal was right in setting aside the judgment given in favour of the appellant in respect of the ‘de-fixing’ of its fixed deposit accounts.

(4) Whether the Court of Appeal was right in dismissing the entirety of the appellant’s claim and setting aside the sum of N75,684,741.57 awarded in the appellant’s favour by the High Court of Enugu State.”

On behalf of the respondent/cross-appellant, four (4) issues were decoded in respect of the main appeal and two (2) issues in respect of the cross appeal at pages 2-3 of the brief argument. They read as follows:-

“(1) Was the defendant’s appeal to the court below competent

(2) Was the court below right in holding that the plaintiff did not prove any enforceable contract with the defendant as alleged in the statement of claim

(3) What was the nature of the claim made in respect of the de-fixture of the plaintiff’s fixed deposit