Facts:
The Appellant being a Customs Licensed Clearing Agent in the Lagos Ports was engaged in 1999 to clear forty feet container of goods at the Lagos Ports for the Respondents, who were importers. The Respondents were charged ₦700,000 and paid same and agreed that the goods would be delivered within 2 weeks. When after 4 weeks the goods did not come, the Respondents went to ascertain the cause of the delay in the Lagos Ports. They were then informed that the Appellant forged some of the documents and receipts used in clearing the said container, which caused the container to be seized. All efforts to secure the release of the container failed. Consequently, a legal practitioner was engaged. The Board of Customs resultantly investigated the matter and indicted the Appellant and one Nurudeen Atta and recommended their prosecution, but the Appellant did not testify before it. The Respondents’ container was later released to them having paid all the necessary fees again while some goods missed. The Respondents later instituted this suit in the Nnewi High Court (trial court) claiming ₦5 million damages as special and general damages. Upon conclusion of trial, the trial court gave judgment in favour of the Respondents.
Dissatisfied with the decision of the trial court, the Appellant appealed to the Court of Appeal (lower court), who affirmed the decision of the trial court in favour of the Respondent.
Further dissatisfied, the Appellant appealed to the Supreme Court.