EMMANUELALAO (DECEASED) (SUBSTITUTED BY DUPE EMMANUEL) V. MARANATHA LTD MUSA SHIABA

MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): In the High Court of Kwara State, Ilorin Judicial Division judgment was entered on 8/2/2001 for the plaintiff on his claim against the defendant for order, declaration and injunction but the Judge refused the claim for the loss of use. He also dismissed the counter-claim by the defendant. This appeal is therefore against the judgment of Gbadeyan J. of the Ilorin High Court.

The claimof the plaintiff, in the alternative,is the sum of three million naira only being the current market value of the Bedford lorry, from the 1st A defendant and a further claim of N80,000.00 per month for loss of use until date of judgment. This claim appears to be rambling. I will rather reproduce the whole claim as stated on page 2 of the record of proceedings thus: “The plaintiff’s claim is for:

An order of the honourable court for the first defendant to return the plaintiff’s Bedford lorry with registration Number KW.4701engine number K 6502642 and cha…