ALHAJI SHUAIBU ABDULKARIM V. INCAR (NIGERIA) LTD.

M. L. UWAIS JSC (DELIVERING THE LEADING JUDGMENT): In his writ of summons, the appellant, as plaintiff, claimed against the respondent, as defendant, in the High Court of Kano State as follows:

"(1) Delivery up of the said two lorry vehicles numbers KNF 3652 and KNF 4741 or the total sum of ₦400.000 (their current market value).

(2) Damages for their wrongful detention at the rate of ₦9,000.00 per month, from October, 1984 (the date of the Supreme Court judgment) till delivery is made or the cost of vehicle paid to the plaintiff.

(3) Other consequential relief as the Court may deem fit to make."

The writ of summons was taken out on the 14th day of July. 1987. Before Statement of Claim was filed by the plaintiff, the defendant brought an application on the 21st day of August, 1987 praying thus:

"(a) An order that the Writ of Summons herein dated 21st day of July, 1987 (sic) be struck out on the grounds that:

(i) it discloses no reasonable cause of action, and

(ii) it is an abuse of the proces…