Akintunde Giwa v JNFX Ltd & Ors

Akintunde Giwa v JNFX Ltd & Ors

Summary judgment for deceit is upheld only in respect of contract 10, as evidence of false representation, reliance, and ostensible authority is overwhelming; for contracts 1-9, triable issues exist and summary judgment is set aside.

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 / Court of Appeal Judgment on Appeal From Summary Judgment in High Court
Outcome
Appeal allowed in part; summary judgment upheld only for contract 10.
Legal Topics
Deceit, Ostensible Authority, Summary Judgment, Foreign Exchange Transactions, Quantum of Damages
Tort Contract Agency Fraud Deceit Ostensible Authority Summary Judgment Foreign Exchange Transactions +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 / Court of Appeal Judgment on Appeal From Summary Judgment in High Court

Legal Issues

  1. 1 Whether summary judgment for damages for deceit against JNFX Ltd was proper
  2. 2 Whether Mr Mervyn had ostensible authority to bind JNFX Ltd
  3. 3 Whether false representations were made and relied upon

Ratio Decidendi

Summary judgment for deceit is upheld only in respect of contract 10, as evidence of false representation, reliance, and ostensible authority is overwhelming; for contracts 1-9, triable issues exist and summary judgment is set aside.

Court Disposition

Appeal allowed in part; summary judgment upheld only for contract 10.

Orders

  • Judgment for Giwa against JNFX Ltd for NGN 4,921,000,000 plus compound interest at 8%
  • Parties to agree calculation of interest and variations to paragraphs 3-6 of High Court order