Zumax Nigeria Ltd v First City Monument Bank Plc [2016] EWCA Civ 567 (23 June 2016)

Zumax Nigeria Ltd v First City Monument Bank Plc [2016] EWCA Civ 567 (23 June 2016)

The Court of Appeal held that the deputy judge erred in his approach to the extension of time and relief from sanctions, but the delays by FCMB were not serious or significant and justice required granting the extension. FCMB's application under the Bankers' Books Evidence Act did not constitute unequivocal submission to jurisdiction. The Nigerian proceedings, consent order, and debenture did not bar Zumax's claim. The claim satisfied the jurisdictional gateways for service out. The appeal was dismissed.

Citation
[2016] EWCA Civ 567
Parties
Claimant/respondent: Zumax Nigeria Limited; Defendant/appellant: First City Monument Bank plc
Jurisdiction
England and Wales
Judgment Date
23 June 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Applications by Defendant
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Extension of Time, Submission to Jurisdiction, Constructive Trust, Restitution, Fraud, Debenture, Foreign Judgments, Relief From Sanctions
Civil Procedure Trusts and Equity Banking Law Jurisdiction Extension of Time Submission to Jurisdiction Constructive Trust Restitution +4 more

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Parties

Zumax Nigeria Limited

Claimant/respondent

First City Monument Bank plc

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Applications by Defendant

Legal Issues

  1. 1 Whether the court should grant an extension of time for the defendant's application challenging jurisdiction
  2. 2 Whether the defendant submitted to the jurisdiction by making an application under the Bankers' Books Evidence Act
  3. 3 Whether parallel Nigerian proceedings, a consent order, or a debenture bar the claim

Ratio Decidendi

The Court of Appeal held that the deputy judge erred in his approach to the extension of time and relief from sanctions, but the delays by FCMB were not serious or significant and justice required granting the extension. FCMB's application under the Bankers' Books Evidence Act did not constitute unequivocal submission to jurisdiction. The Nigerian proceedings, consent order, and debenture did not bar Zumax's claim. The claim satisfied the jurisdictional gateways for service out. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Extension of time for FCMB's jurisdiction challenge should have been granted
  • No submission to jurisdiction by FCMB's application under Bankers' Books Evidence Act