MAJOR CONCEPT LIMITED & ANOR. v. ARTHUR EZE

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Facts:

The appellants entered into a contract with the respondent sometime in November, 2010, for the appellant to supply a Maybach 62S armoured Mercedes car to the respondent for a consideration or the sum of Eight Hundred and Thirty Thousand United States Dollars (USD 830, 000). That, it was agreed that an initial deposit of Seven Hundred Thousand United States Dollars (USD 700,000) was to be made to the appellants and the balance of One Hundred and Thirty Thousand United States Dollars (USD $130,000) shall be paid by the respondent upon delivery. That the respondent transferred the initial sum of USD 700,000 into the appellants’ nominated account with Bank of America.

It is the respondent’s case that the Mercedes Maybach 62S armored car was to be delivered within four months but that same was not to be as the appellants employed severally diversionary tactics such as changing the amount of outstanding balance payable by the respondent. That eventually, the appellants demanded payment of Three Hundred Thousand United States Dollar (USD300,000) as final payment before delivery of the vehicle. That the respondent made the payment of USD 300,000 thereby bringing the total amount remitted to the appellants to be One Million United States Dollars (USD 1,000,000). That despite the personal guarantee of the 2nd appellant, the vehicle was never delivered but the appellants continued making excuses for not delivering. The respondent was exasperated by the attitude of the appellants and therefore instituted the action for refund of USD 1,000,000 seeking that the appellants refund the money received for a consideration which has totally failed.

SKU: C000001106193-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1 Category: Tags: , , Areas of Law:: , , , , , , ,
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