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J.E. OSHEVIRE LIMITED V. TRIPOLI MOTORS

(1997) JELR 33788 (SC)

Supreme Court  •  SC.169/1990  •  25 Apr 1997  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC MICHAEL EKUNDAYO OGUNDARE JSC EMMANUEL OBIOMA OGWUEGBU JSC SYLVESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC

Judgement

S. U. ONU, J.S.C. (Delivering the Leading Judgment): In the High Court of Kano State sitting in Kano, the appellants herein as plaintiffs, instituted an action against the respondents who were then the defendants on 10th September, 1983, upon a writ of summons containing items of claims which were later superceded by a Statement of Claim and then by an Amended Statement of Claim dated 25th May, 1987, whose paragraph 14 states as follows:-

"14. By reason of the matters aforesaid, the plaintiffs have been put to considerable trouble, inconvenience and expense, and they have thereby suffered loss and damage.
Particulars of Damage
1. The current value of the said Car ₦54,639.25k or alternatively the return of the Car to the plaintiffs.
2. Loss of use of the said Car for 247 days at ₦20.00 per day ₦4,940.00
3. Refund of ₦400.00 being money had and received to the plaintiff's and the plaintiffs claim:-
1. An order for the delivery up of the said motor car or its value ₦54,639.25k
2. Dama…

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