ELESIE AGBAI & ORS. V. SAMUEL I. OKOGBUE

P. K. NWOKEDI, JSC (Delivering the Leading Judgment): The appellants and the respondents are all from Amankalu Alayi a village tucked away somewhere in Imo State and now in the area recently constituted as Abia State. The parties are however all resident in Aba. The plaintiff/respondent commenced the suit in the Chief Magistrate Court, Aba, on 10th August. 1978. He claimed against the defendants/appellants for a sum of ₦2.000.00 made up as follows:-

"(a)(i) Return of the Butterfly sewing machine or its value namely ₦115.00

(ii) Loss of use at the rate of ₦15.00 per day for 74 days of from 22/4/78 to 17/7/78 working days.

The loss of use continues.

(b) General damages ₦775.00"

The evidence led shows that the defendants/appellants invaded the premises of the respondent in Aba, and seized and carried away his butterfly sewing machine. The respondent is a tailor by trade. The reasons for the invasion and seizure, according to the appellants, were that the appellants and the respondent we…