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OLATUNJI AYANLAJA V. ALHAJI MUILI LAWAL

(2001) JELR 51938 (CA)

Court of Appeal  •  CA/I/118/92  •  2 Jul 2001  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA, JCA (Presided) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA (Read the Lead Judgment)

Appearances
O. Opasanya, Esq., - for the Appellant. -*- Respondent and Counsel Absent.

Judgement

ADEKEYE, JCA (Delivering the Lead Judgment): In the endorsement on the writ of summons filed at the commencement of Suit No HCJ/46/90before the High Court Ijebu-Ode in the Ijebu-Ode Judicial Division of Ogun State, the plaintiff, Olatunji Ayanlaja, claimed against the defendant, Alhaji Muili Lawal, for An order for the delivery up by the defendant to the plaintiff of the plaintiff’s Steyr Lorry Registration No. OG 4532with a Motor Jack and Winch, wrongfully detained by the defendant, his servant and or agents or their value of N265,000.00. N60,500 damages for the hire, detention and loss of use of the said lorry, motor jack and winch at the rate of N500 per day from 30th January, 1990 to 30th May, 1990 and thereafter at the rate of N500 per day until possession of same is delivered to the plaintiff or till judgment. Parties filed and exchanged pleadings. At the trial before the High Court, the plaintiff established ownership of a Steyr Timber lorry registered as OG 4532 G, with the …

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