Harry Mason v Olatungi Wilson (SC CIV APP 2 of 1995) [1995] SLSC 6 (14 June 1995)

, : DLT SUPRIME COURE OF STEMRA UROKE 8 4 Ji.

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fie Hons lr, Justice $, Beccles Davies ~ Age Cae Hon, ir, Justice 8,0.B. Ware - 380 | Hon ler, Justice B.0, Thompaon-Devis - JSC Hon, lr, Justice G, GelegaKing - JA 1 Hons Mr. Justice A.B, Timbo = eke 0, CIV, Apes 2/87, : | HARRY MASON. = APPELLANT

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| i OLATUNGI WIISON RESPONDENT.

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a De. Ade Renner thongs for dpelent

a Dr, Holl, Joko-Suart for Respondent

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Phil mais 10 an appeal ogeinst the judguent of thie Court of a | ‘Appeal delivered on the 19th day of November, 1986. x

| Te Appellant, deing aggrieved with the judgnent, filed

i | ‘two grounds of appeal nemely: “(1) The Court of Appeal was wron Hey in resting its decision solely on a ground not set forth by the Hh Appellant and without the parties having had sufficient Het}

h | | (2) the several conclusions of the Court of Appeal on tty the question of illegality are wrong in lew particularly having He regard to the absence of evidencethat the Plaintiff acted

FH tl outsidé the law." ,

(| SS Re Hei against the Defendant is for the sum of US 79620 dollars being: | a money payable by the Defendant to the Plaintirt for money had | ne Cae th

he . and received by the Defendant for the use of the Plaintift, . . interest and costs," “ * ‘The Particulars, inter alia, stater | "(21 0n or about the 2nd day of October, 1984 at the request of the Defendant the Plaintift | | paid the oun of US 79,620 (Seventy nine Thousand i ‘Six Hundred anf Twenty United States Dollars) i | in the Dofendant's Bank Account at Bank of Credit Hd and Commerce International at 135 Barls Court Road all Jondon England for use in connection with the f | Plaintiff's said business,” Alii the Plaintitt claiget= lal (1) me said sun of US 79620/00 Dollars. | Hi] (2) interest on the said oun of US 19620 Dollare | at the rate of 22per centun per enmun fron Wall the 2nd day of October, 1984 #111 payment | {| iI | or Judguont, Baqi]

(3) Further or other reliets ‘a | |

(4) Costs. | I shall hereinafter refer in thie judguent to the Hi} appellant ao Flaintize and the Roovondent a» Defendant, | ta Statenent of Stain, ia ay view, 48 satelieitousiy Hl worded, As e reoult, the Defendant sought further and | HI better particulars, the Defendant, however, denied the claim, | | | He gave Judgment for the Plaintiff, against thet Judgnent, the He Defendant appealed to the Court of Appeal which consisted of | | i Seas tice too alepey, G3 al he foots of the case are aisle, tho Plaintise to HT Precious sotale Drokex, Dullion Dealer and Hefiner resident | | at 4 prince alvert Stroct Brighton in England in the Unitea Hy Kingdom, In his field of business, he wrote to the Chaaber of ey Mines in Freetown to find out ebout alluviel gold dealers in Mh Pelee ee a alia for ease of reference I will here quote the letter end the | | : [Pos cvvibitgitoe :

Fp eee, : The letter ie addreased to - 7 sl "J.T. Nottidge Bsqs,y 4 Executive Officer - in Sierra Leone Chaaber of itines Spiritus House | Howe Street | ne Prestown . Dear Siz, | Wo are « gold purchasing company in the all Sanssotion of precions netala for « considerable | | j., mumber of clients, most of whom are situated in the ial o> Undted Kingdoms, 8... . Hei] + Weare! currently involved in the implementation | of a statistical study--of- certain countries. located ail i| \ “ttmoughout the ‘African Continenty-.It io appreciated tt | Bh reer als a a Hi | © bly in tho! produotion’ of goldy'ond werfoe1 that Et] “<"""“Soaiee of cur intérest in alluvial gold, we’ would 1ike } I | ee $3 consider offerings predtoua motel purchasing end ial painting ceati'eg He iid We would’ ‘therefore ‘ask for your assistance in Wy] " proviaing Aull aetatta, ‘mere Yoooible, of Aadividuete * eel and companies who are currently involved in thie field, ay | , ‘ond Wet Rignt de wilting, at Least, to negotiate ali | povaieie ‘trancac tioas! a Ba ||| There area wide ange of services that we com Bri |] “otter ana “we would like the opportunity to discuss this ri li] Sanayi LSrinied Jatiog, sean catia ttn Fl soe tinge ona 1 | | Fi Wo therefore 1ook forward to recodving your VA Feply. soy tnformetion given, wild of course, be | } : ‘wented confidentially,, and your help in this natter | is very moh appreciated. Wy Yours sincerely i |] (Sga,) H, Mason" ‘| }e: Webi diriecs it) > tear Ree Sage aS ee

; ta reply the Plaintiff reocived Be ‘B! which 10 a list of | torised sliuviel Gold Deslers, Ia that list wap foe 11 = : «Mr Singh Wilson ~ 35, Fadeaba Road Preeti Sierra taco, ; There 0 no iapute that tir. Rungi Wilson 48 the Defendant nerein, As a remit tho Plaintitt wrote to the Defentant a letter | | dated 12th ‘July, 1984 which reads: 1 | “Mr, Tangi Wileon MH | eo | ete ial terra Tone, | {| Dear Sir, HH] itr noc eaten belay ty senza tno otros i of Mines, and Mr, J.2, Nottidge Executive Officer has stated the Hh | pe eae ae TS es al HT Mivaven; ss Sisive caer 1afccassdseaniy amroliea taythe | | | production of gold, end because of our interest in this fiela, \ | we would 1ixs ‘to consider offering a precious matal purchasing FHT | tna refining feoslity, Wo are obviously unsure of your exieting | l | rrangesents, although ve believe that a lege yorcontage of he Hall] gold generated in your country is dizeoted to Swiss Kefineries. i | | We realise that the only way to effectively comence business Hit Aéatings, is to be given the opportunity to diaeuss 1oceliy Bi | all aspects with you. fo this end, we envisege a visit to aa SP Sh) Sate) Gas snes yeas comes I} HHT in order that we can make arrangements for meeting with you to vel negotiate all considerations regarding the business. ’ {|| Finally, my terns end conditions offered wilt aly be 4) |] treated in strict confidence, but will be extrenely competitive li] We therefore lock forward to receding your reply in the iH ete pane. rl Yours fettaraniy | (Sgd.) H. Meson" | | Piescecrersece

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