VAC BDC LTD. v. DON HELEN INTER. TRADE (NIG.) LTD.

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Facts:

On 15th September, 2008, the appellant, an incorporated Bureau De Change company, directed the respondent, a private limited liability company that deals in the business of importation of general goods, to pay into the appellant’s account, the sum of N2,366,000 (Two Million, Three Hundred and Sixty-Six Thousand Naira) for an exchange of $20,000 (Twenty Thousand U.S. Dollars). The respondent complied with the directive of the appellant, but the appellant refused to give the Respondent the $20,000 (Twenty Thousand U.S. Dollars) nor refund the said sum of N2,366,000 (Two Million, Three Hundred and Sixty-Six Thousand Naira) despite repeated demands on it.

Aggrieved with the actions of the appellant, the respondent beseeched the lower court, via a writ of summons seeking certain monetary reliefs. In reaction, the appellant joined issue with the respondent and denied liability by filing a statement of defence. Trial commenced and parties through their witnesses, adduced evidence. In a considered judgment, the lower court granted the respondent’s claim.

Dissatisfied with the decision of the lower court, the appellant appealed to the Court of Appeal.

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