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BEN I. IHENACHO & ANOR V. UME UZOCHUKWU & ANOR

(1997) JELR 45474 (SC)

Supreme Court  •  SC.203/1990  •  31 Jan 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS CJN IDRIS LEGBO KUTIGI JSC EMMANUEL OBIOMA OGWUEGBU JSC UTHMAN MOHAMMED JSC ANTHONY IKECHUKWU IGUH JSC

Appearances
G. Ofodile Okafor For the Appellant; Respondents absent and unrepresented.

Judgement
<p><strong>A. I. IGUH, J.S.C. (Delivering the Leading Judgment):</strong> This is an appeal against the decision of the Court of Appeal, Jos Division, delivered on the 26th day of February, 1990 dismissing the defendants appeal in a claim in detinue and/or conversion in respect of the plaintiffs goods unlawfully removed by the defendants from the plaintiffs store together with damages for wrongful and forcible ejection of the plaintiffs from ,the said store.</p><p> The respondents as plaintiffs had in the High Court of Justice of Plateau State, holden at Jos, instituted an action against the defendants, who are now the appellants, claiming as follows:-</p><p> &quot;(a) Total value of the goods and materials unlawfully removed by the defendants from the 1st plaintiff&#x27;s store at 31 Rwang Pam Street, 105 on the orders of the 3rd defendant N80,216.04 </p><p> (b) General damages and/or exemplary damages for wrongful and forcible ejection N119.783.96 Total N200.000.00&quot;</p><p> Pleadings were ordered in the suit and were duly settled, filed and…</p>

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