had authority to collect money from the DW2 Chibuiheuko to execute
project for the 2nd Defendant, and he answer yes.
Again in paragraph 1 (u) of the witness statement on oath of the DW3,
he asserted “that on the 7th day of June, 2008, the 2nd Defendant gave
the Plaintiff through its accountant Chibuiheraiwe (Nee Ukoh) the sum of
USD$ 200,000 to change and pay to the 1st Defendant the sum of N29,
400,000.00 only as additional payment for the 6 no shops which the
Plaintiff only paid as agent of the 2nd Defendant and submitted the tellers
to the 1st Defendant on behalf of the 2nd Defendant and receipt no1389
was issued to the 2nd Defendant.
He further submitted that under cross examination by the Plaintiff counsel,
the DW3 stated that the receipt of payment of the shops from EFAB
property brought back in the name of the company as an
acknowledgment of payment is the evidence to show that Plaintiff
collected money. PW1 under cross examination by 1st Defendant counsel
as to why PW1, paid the sum of N29,400,000.00 to the 1st Defendant
without collecting receipt, PW1 in answer stated that “yes, but I have the
deposit slips. EFAB issued receipt to Mrs. Attang but not me. They are to
go and sought it out with her that is 1st Defendant.” it is submitted that the
Plaintiff has admitted that after the deposit of the additional payment for
the shops, the 1st Defendant issued receipt to the knowledge of the
Plaintiff which receipt he forwarded to the 2nd Defendant. It is submitted
that this is an admission against interest. He referred the Court to section
20 Evidence Act.
In addition, counsel submitted that it is a fact not in dispute to state that
the PW1 was an agent of the 2nd Defendant in the process leading to the
purchase of the 6 no shops in view of the admission of the PW1 that he
had on several occasions collected money from the Attang family to
purchase items on their behalf. Of particular importance is the fact that
the PW1 had on several instances done so through his account as per
Exhibit DB14 and the payment thereof. Also, in the process leading to the
incorporation of the 2nd Defendant, PW1 equally admitted under cross
examination that he received money from DW3 through his account to
pay the lawyer that incorporated same. All the receipts issued to the PW1
for the transactions done on behalf of the 2nd Defendant were dutifully
submitted to the 2nd Defendant. Similarly, Exhibit HB1 also show that PW1 is
and had always been the agent of the 2nd Defendant, and that his
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