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ALHAJI SHAIBU ABDULKAREEM V. INCAR NIGERIA LIMITED

(1984) JELR 33974 (SC)

Supreme Court  •  SC.40/1983  •  4 Oct 1984  •  Nigeria

Coram
MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; AUGUSTINE NNAMANI JSC;

Judgement

ESO, JSC (Delivering the Leading Judgment): It is necessary to state the facts of this case in some detail, as they are material to the points of law which have been raised before this court.

The appellant, Alhaji Shaibu Abdulkareem, was the plaintiff in the court of trial, the Kano High Court, where he claimed against the defendants, who are now the respondents to this appeal, for -

"(1) an account be taken of the entire transaction and the moneys which he has paid to the defendants to determine whether or not the defendants can repossess any of the vehicles,

(2) damages for breach of contract/warranty: N200,000.00,

(3) an injunction restraining the defendants from further seizing any of the vehicles now in the possession and custody of the plaintiff,

(4) release and possession of the said vehicles, registration Nos. KNF 3651 and KN 6638K now in custody of the defendants or in the alternative for the value of the said vehicles."

The defendants, a limited liability company, were at …

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