HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment):The Appellant commenced the action in the lower Court against the Respondent and his claims were for (i) the sum of N1.8 Million being the value of his car taken by the Respondent; and (ii) the sum of N180,000.00 as general damages and the cost of prosecuting the action.
The case of the Appellant on the pleadings was that the Respondent is a car dealer and that sometime in the year 2009 both of them held discussions on the possibility of the Respondent assisting him to sell two Honda cars and that pursuant to the discussion he gave one of the Honda cars, a Honda Accord 2003 Model with a V6 Engine valued at N1.8 Million to the Respondent for sale. It was his case that the Respondent collected the car in August of 2009 and did not return either with the money or car and that when he made several demands for the return of his car or for the payment of the money, the Respondent informed him that armed robbers snatched…