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

Ground 6 is that the Judge erred by accepting Mr Giwa’s case on quantum.

I can deal with this Ground very shortly as well. Ms Addy submitted that the lengthy reconciliation exercise undertaken by Mr Giwa, the various assumptions he made in the course of that, and the complexity of the accounting between the parties made it inappropriate to accept Mr Giwa’s calculation of quantum without a full investigation. She pointed to the fact that the Judge himself said (in his judgment at [19]) that he accepted that Mr Giwa’s reconciliation was “not perfect” and that there might be “room for argument about the precise amount of the shortfall” but in the end gave judgment for the precise amounts claimed.

Had it been necessary to investigate the position in relation to contracts 1 to 9, I think there may have been force in this submission. But the same difficulties do not beset contract 10. Here there is no doubt that Mr Giwa transferred the exact sum of NGN 4,921m in reliance (as I have accepted) on Mr Mervyn’s false representation, and received nothing in return. That seems to me to make the quantum of loss in relation to contract 10 very easy: it is NGN 4,921m. I did not understand Ms Addy to argue to the contrary.

I would therefore dismiss this Ground insofar as it relates to contract 10.