G. FERRERO & CO. LTD V. MR. AFAMEFUNA NNAMANI & ANOR.

OMAGE JCA (Delivering the Lead Judgment): This is an appealagainst the judgment of Alade Toyin J. of the High Court Federal Capital Territory delivered on 4/3/04.

The plaintiffs had jointly and severally sued the defendant, who is now the appellant as follows “(a) the value of one iron cart and 12 iron 24 litre water containers assessed at N28,000 (b) the sum of N12,400per week less one day being loss of income/earning from the 7th day of August 2000 till judgment is given (c) 10% of the judgment sum from the date of the judgment till judgment sum is satisfied (d) The sum of N600,000 as general damages for adverse detention of the plaintiffs chattel of trade.” At the hearing, the plaintiffs deposed that the 1st plaintiff hired the iron cart and the and the containers from the 2nd plaintiff and paid the latter N1,400.00 from the proceeds of sales. He makes N2,400 from sale of water, every day of the week except on Sunday. Sometime in May 2000, the 1st plaintiff testified that he was p…