Description
The 1st respondent leased two aircraft engines to the 2nd respondent. The 2nd respondent violated the lease agreement and failed to return the engines to the 1st respondent at the agreed date. After sending series of demand letters to the 2nd respondent to no avail, the 1st respondent filed a suit at the Federal High Court, Lagos Division against the 2nd respondent and the 2nd appellant for the return of its engines and damages. The 2nd respondent had acquired a loan from United Bank for Africa (UBA) but defaulted in repayment. The 1st appellant acquired the non-performing loan of the 2nd respondent from UBA and subsequently took steps to recover the loan by acquiring assets belonging to the 2nd respondent. The 1st appellant approached the 1st respondent and after series of negotiations, the 1st appellant was joined as a defendant in the suit. In a series of correspondence marked ‘without prejudice’, the 1st appellant conceded and agreed to indemnify the 1st respondent for the loss suffered as a result of the breach of the lease agreement between it and the 2nd respondent. However, these negotiations broke down and the 1st appellant pulled out without giving reasons and the matter proceeded to trial.





