A. E BRIGHT FUTURES MOTORS NIGERIA LIMITED & ANOR V. MR. PATRICK CHIZOBA

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State delivered by Hon. Justice Obande Ogbuinya on 19/01/2006. The facts leading to this appeal are as follows:

The Respondents case at the trial Court was that he entered into a Hire Purchase Agreement with the 1st Appellant in respect of a MAN Diesel Truck. The Respondent took possession of the truck and successfully paid up the balance for the said truck. Subsequently, the Respondent had a family problem and needed ₦104,000.00 for which he approached the 2nd Appellant who agreed to lend him the said amount of money. He also fully refunded the 2nd Appellant, with an interest of 80% per month, a total of ₦187,200.00.

In March 1997, the Appellants agents claimed the Respondent owed the Appellants some money and they consequently seized and detained the Respondents truck. After several unsuccessful attempts to retrieve the said truck, the Respondent inst…