Giwa v JNFX Ltd & Ors [2025] EWCA Civ 961 (29 July 2025)

Giwa v JNFX Ltd & Ors [2025] EWCA Civ 961 (29 July 2025)

Summary judgment for deceit was appropriate only in relation to contract 10, where the evidence overwhelmingly showed that Mr Mervyn, acting with JNFX's ostensible authority, made a false representation of intention to pay $10m, which was relied upon and not fulfilled. For contracts 1-9, there were triable issues as...

Source-derived case information.

Citation
[2025] EWCA Civ 961
Parties
Claimant / Respondent: Akintunde Giwa; Defendant / Appellant: JNFX Ltd; Defendant: Ashay Mervyn; Defendant: JNFX Nigeria Ltd; Defendant: Frontier Financial Technologies Ltd
Jurisdiction
England and Wales
Judgment Date
29 July 2025
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in High Court (business and Property Courts, Chancery Division)
Outcome
Appeal allowed in part; summary judgment upheld only for contract 10; quantum of damages reduced accordingly.
Legal Topics
Deceit, Summary Judgment, Ostensible Authority, Foreign Exchange Transactions, Damages, Cross Border Transactions
Commercial Law Tort Law Agency Law Deceit Summary Judgment Ostensible Authority Foreign Exchange Transactions Damages +1 more

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Parties

Akintunde Giwa

Claimant / Respondent

JNFX Ltd

Defendant / Appellant

Ashay Mervyn

Defendant

JNFX Nigeria Ltd

Defendant

Frontier Financial Technologies Ltd

Defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in High Court (business and Property Courts, Chancery Division)

Legal Issues

  1. 1 Whether summary judgment for deceit against JNFX Ltd was appropriate for all contracts or only contract 10
  2. 2 Whether Mr Mervyn had ostensible authority to bind JNFX Ltd
  3. 3 Whether the representations made by Mr Mervyn were false and relied upon

Ratio Decidendi

Summary judgment for deceit was appropriate only in relation to contract 10, where the evidence overwhelmingly showed that Mr Mervyn, acting with JNFX's ostensible authority, made a false representation of intention to pay $10m, which was relied upon and not fulfilled. For contracts 1-9, there were triable issues as to whether representations were made, were false, and were relied upon, precluding summary judgment.

Court Disposition

Appeal allowed in part; summary judgment upheld only for contract 10; quantum of damages reduced accordingly.

Orders

  • Summary judgment against JNFX Ltd set aside for contracts 1-9
  • Summary judgment against JNFX Ltd upheld for contract 10 in the sum of NGN 4,921,000,000 plus interest