Chief J.J. Enwezor v. Central Bank Nigeria (1976)

LawGlobal-Hub Lead Judgment Report

O. MADARIKAN, J.S.C.

The appellant was the plaintiff, and the respondent the defendant, in an action (suit No. LD/836/1971) in which the writ was endorsed as follows:

“The plaintiffs claim against the defendant is for the sum of 26,659 pounds being money paid by the plaintiff to the defendant in old Nigerian currency notes to be exchanged by the defendant into new Nigerian currency notes and which the defendant has failed to exchange for the plaintiff.

In the alternative, the plaintiff claims the said sum as money had and received by the defendant to the suit of the plaintiff.”

Pleadings were ordered; and they were duly filed and delivered. In view of the observations we propose to make later in this judgment, it is convenient to set out the pleadings in full now.

In his statement of claim, the plaintiff averred as follows:

“STATEMENT OF CLAIM:

(1) The plaintiff is a Nigerian citizen ordinarily resident at Onitsha in the East-Central State of Nigeria and the defendants are a bank established and incorporated by and under the Central Bank of Nigeria Act.

(2) The defendants were at all times material to this action duly charged inter alia with the duty of exchanging in the East-Central State old Nigerian currency notes for new notes circulating at the present time in all parts of the country.

(3) On or about 7th April, 1970 the plaintiff deposited with the defendants the sum of 26,659pounds (sic) old Nigerian currency notes for purposes of exchange and obtained receipt No. ES005055 dated 7/4/70.

WHEREUPON the plaintiff claims as per the writ of summons.”

In answer to these averments, the defendant pleaded as follows:

“STATEMENT OF DEFENCE:

(1) The defendant admits that it is a bank statutorily incorporated by and under the provisions of the central Bank of Nigeria Act but otherwise does not admit any other part of paragraph 1 of the statement of claim.