CA-2024-001254 - [2025] EWCA Civ 961

Fecha: 29-Jul-2025

Conclusions

Conclusion

111.

I would therefore:

(i)

allow the appeal on Grounds 1 and 2 in respect of contracts 1 to 9;

(ii)

dismiss JNFX’s application to adduce fresh evidence;

(iii)

dismiss the appeal on Ground 5 (in respect of all contracts);

(iv)

dismiss the appeal in respect of contract 10;

(v)

vary the judgment by entering judgment for the sum of NGN 4,921m (in respect of contract 10) plus interest.

112.

There has been no appeal against the rate of interest which the Judge took at 8% compound. I will leave it to the parties to calculate and agree the appropriate sum for interest down to the date of handing down our judgments, and a daily rate thereafter.

113.

There will also need to be variations to paragraphs 3 to 6 of the Judge’s Order which struck out, or refused permission to amend, various paragraphs of JNFX’s Defence. Again I would leave that to the parties to agree.

114.

I add for the sake of completeness that Mr Giwa served a Respondent’s notice. It is not necessary to go into the details. So far as contract 10 is concerned, Mr Giwa does not need to rely on it; and so far as contracts 1 to 9 are concerned, it does not affect the points on which I would allow the appeal.

Sir Launcelot Henderson:

115.

I agree.

Lord Justice Arnold:

116.

I also agree.