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COMMISSIONER OF POLICE & ANOR V. JIMOH OGUNTAYO

(1993) JELR 43246 (SC)

Supreme Court  •  SC.17/1991  •  9 Jul 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SALIHU MODIBBO ALFA BELGORE JSC; UCHE OMO JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC;

Appearances
Chief Funso Akinyosoye For Appellant F.O. Shofolawe - Bakare For Respondent

Judgement

KUTIGI, JSC (Delivering the Leading Judgment): At the Lagos High Court the plaintiff claimed against the defendants jointly and severally the sum of ₦30,000.00 being special and general damages suffered as a result of wrongful act of the 2nd defendant acting as agent of the 1st defendant when on 22nd day of November, 1982, the 2nd defendant in the course of his duties as Assistant Commissioner of Police wrongfully seized, detained and converted at C.I.D. Panti Police Station, Adekunle, Yaba Lagos State the plaintiff's vehicle registration Mitsubishi LA 7993 DA without any lawful justification.

Alternatively the plaintiff claimed against the defendants jointly and severally the return/release in road worthy condition of the said vehicle Mitsubishi LA 7993 DA seized and detained by the 2nd defendant acting as agent of the 1st defendant, loss of use and general damages for the wrongful detention of the said vehicle.

The plaintiff said he made several demands for the return of the said v…

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