Chief J.J. Enwezor V. Central Bank Of Nigeria (1976)

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MADARIKAN, JSC.

 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 plaintiff’s claim against the defendant is for the sum of £26,659 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 use 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 £26,659 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.

2. The defendant admits it was charged with the duty of exchanging in the East-Central State old Nigerian currency notes into new ones circulating in the Federation of Nigeria but states that such exchanges were and are carried out only in accordance with the laws governing them whenever such exchange is operative.

3. The said sum of £26,659 old Nigerian currency notes allegedly deposited by the plaintiff on or about 7/4/70 had ceased to be legal tender in the Federation of Nigeria and had no value in Nigeria.

4. The said old Nigerian currency notes or each of them, have nil value as currency within the Federation of Nigeria and in consequence the plaintiff is not entitled to receive from the defendant any sum of money whatsoever as claimed in his writ of summons.

5. The defendant will contend that the plaintiff’s action should be dismissed”

AT the trial, the plaintiff testified on his own behalf and called no other witness. He stated that after the civil war, the defendant asked those who had not exchanged their old currency notes for new ones to come forward and exchange them. It appears that it was in response to this call that the plaintiff deposited £26,659 old currency notes with the defendant on the 7th of April, 1970 and obtained a receipt – Exhibit A. The plaintiff tendered in evidence a letter dated the 8th of October, 1971 addressed by his solicitor to the defendant. The letter (Exhibit B) reads:-