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ALHAJI JIMOH AJAGBE V. LAYIWOLA IDOWU

(2011) JELR 57609 (SC)

Supreme Court  •  SC.271/2003  •  17 Jun 2011  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC IBRAHIM TANKO MUHAMMAD JSC JOHN AFOLABI FABIYI JSC BODE RHODES-VIVOUR JSC

Appearances
Mr. A. U. Mustapha (with him, A. F. Attah and O. M. Soyoye) - for E -*- the Appellant. -*- Mr. Ademola Adeniji (with him, Oladapo Otujojo, Olushola Atanda and Miss Abdulram) - for the Respondent.

Judgement

MUKHTAR JSC (Delivering the Lead Judgment): The plaintiff’sclaims against the defendant in the High Court of Justice, Osun State, as per the writ of summons are:

“1. The return of the Toyota Liteace Bus with registration number OS 68 GA Chassis No. 00194483 which the plaintiff bought on credit from the defendant, but which the defendant unlawfully seized from the plaintiff at Ifon-Osun on 4 December 1992.

2. The sum of N500.00 (five hundred naira) per day for loss of use of the vehicle from 4 December 1992 till the vehicle is returned to the plaintiff.

3. The sum of N50,000 (fifty thousand naira) being general damages for the unlawful seizure of the vehicle.”

“ In the alternative to claim 1 above

The plaintiff claims the sum of N300,000.00 (three hundred thousand naira) being the current market value of the Toyota Liteace bus with registration No. OS 68 GA Chassis No. 0019483 which the plaintiff bought on credit from the defendant, but which the defendant unlawfully seized from the p…

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