RECEIVERSHIP
HERITAGE BANK LTD .v. MEENS NIGERIA LTD. (2025) 9 NWLR (Pt. 1994) 321 (SC)
ON DUTY ON RECEIVER OF BUSINESS LETTER TO REPLY SAME WHERE IT CONTAINS ASSERTION RECEIVER DISAGREES WITH, AND EFFECT OF FAILURE TO DO SO
In business and mercantile transactions, if in the ordinary course of business one man states in a letter to another that the latter has agreed to do certain things, the person who receives that letter must answer it if he disputes the fact that he did so agree; otherwise, he is taken to admit the truth of the statement.
Put differently, the receiver’s silence means consent, which signifies an agreement or concurrence.
In this appeal, the respondent’s case was based on the accounting firm’s audit reports (exhibits P7, P11, and P15) sent to the appellant. The exhibits are business letters which necessitated prompt responses from the appellant, but the appellant neglected to respond to them. The appellant’s silence to the audit reports amounted to an implied admission by the appellant—that is, an admission which is reasonably inferable from a party’s action or statement, or a party’s failure to act or speak.
[Iga v. Amakiri (1976) 11 SC 1; Mekwunye v. Imoukhuede (2019) 13 NWLR (Pt. 1690) 439; Ohiaeri v. Yusuf (2009) 6 NWLR (Pt. 1137) 207 referred to.]
(Pp. 367-368, paras. D-H)