Kabs Goodwill International Limited v. Access Bank Plc (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, JCA (Delivering the leading judgment)

This is an appeal against the Judgment of the High Court of Oyo State, sitting at Ibadan Judicial Division and delivered by Honourable Justice R. B. Akintolaon the 11th day of December, 2018 in suit No.: I/830/2010, wherein the trial court dismissed the appellants claims in its entirety (Claimant at the court below).

Dissatisfied with the decision of the trial court, the appellant filed a notice of appeal on the 22nd of January, 2019, setting out four (4) grounds of appeal.

Summarily, the facts birthing this appeal can be stated thusly: the appellant on 30/10/2008 instructed the respondent to open a Letter of Credit for the purpose of car imports from a Chinese Company named Zhanjiang Kingstar Vehicle in China, the maker of the Wuling Range of Vehicle. As a result, the sum of $64,548 USD was deducted from the appellants domiciliary account with the respondent.

Also, the sum of N2,091,069. 82 (Two million, ninety-one thousand and sixty-nine naira, eighty-two kobo only) was deducted from the appellant’s current account for charges and commission.

The appellant began transacting business with his foreign partners and made advanced payments for the vehicles in anticipation of delivery. The Chinese Company denied receiving the money, therefore, did not ship the vehicles and also lost confidence in him.

The appellant wrote to the respondent and sought for extension of time to fulfil the requirements omitted.

Though the vehicles were to be shipped on 8/12/2008, the cars were later shipped in May, 2009 through another means and channel. The appellant then wrote to the respondent to cancel the request made on 20/7/2009, followed by a demand for the refund of the money deducted from his account, which the respondent refunded.

The appellant also claimed the sum of N2,091,069. 82 (Two million, ninety-one thousand and sixty-nine naira, eighty-two kobo only), which was deducted for the failed transaction.

The respondent, on the other hand, stated that it could not remit the money directly to the Chinese company, and it had to be through the Central Bank of Nigeria to the Chinese Company, and the Letter of Credit was processed accordingly.

The importation documents of the appellant had a lot of discrepancies, which were brought to the attention of the appellant, which he ignored. Based on the discrepancies in the document, the appellant wrote to the respondent for extension of time.

Afterwards, the appellant requested the cancellation of the request, having made an alternative arrangement and paid the Chinese Company for the shipment of the car. Upon completion of the trial, the court below decided against the appellant and dismissed the appellants reliefs in its entirety.

The appellant claimed the following reliefs in its consequential amended statement of claim filed on 24/9/2012:

a. A declaration that the defendants refusal, neglect and or failure to remit the sum of $64,548 (Sixty-four thousand, five hundred and forty-eight US dollars) having deducted same from the claimants account to Zhanjiang Kingstar Vehicle Co. Ltd (China) (Claimants supplier) constitute a breach of contract and a breach of its duty to the claimant.