The respondent is the Administrator of the Estate of Late Cyprian N. Ozokwere, his brother. Before his death, the respondent’s brother ordered FEBI motor spare parts at the price of US$186,990.00 (One Hundred and Eighty Six Thousand Nine Hundred and Ninety United States Dollars) from a company called Goodfit Trading Company Limited in Hong Kong (“Goodfit”), under the contractual term “D/P Sight” (i.e. “document against payment”). Goodfit was to deliver the goods to Port Harcourt following which payment would be made through the appellant.
The respondent alleged that Goodfit shipped goods and delivered a Bill of Lading, Bill of Exchange and “Remittance for collection and/or acceptance order” to the respondent’s deceased brother through the appellant and the documents indicated that FEBI motor parts were delivered. Not knowing that the goods delivered were totally different from what was stated in the invoice, the respondent’s brother immediately paid the Naira value of the contract sum to the appellant.
The respondent alleged that he discovered that the goods shipped by the company were contraband and had been confiscated by the Department of Customs and Excise. He therefore informed the appellant of the development and demanded a refund of the sum paid to it.