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ELIJAH OLADEJI KOSILE V. AMUBA OLANIYI FOLARIN

(1989) JELR 42946 (SC)

Supreme Court  •  SC.35/1985  •  21 Apr 1989  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC AUGUSTINE NNAMANI JSC SAIDU KAWU JSC SALIHU MODIBBO ALFA BELGORE JSC PHILLIP NNAEMEKA-AGU JSC

Appearances
F. Adeleke Adedeji (with him, O. J. Erhabor) For the Appellant; O.J. Bamgbose (with him, L. A. Nylander) For the Respondent.

Judgement

NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): On the 23rd of January, 1989, this Court heard this appeal and dismissed it, but reserved reasons for the judgment till to-day. I now give my reasons.

By a writ of summons dated the 25th day of February, 1974, the plaintiff claimed against the defendant as follows:

"1. The plaintiff's claim is for the return of the plaintiff's Commercial vehicle registration No. WC4102. or its value of N2,400.00, which was wrongfully seized and detained by the defendant from the plaintiff's driver on or about the 21st day of May, 1972, at Ile-Ife. The defendant has refused to return the said vehicle to the plaintiff inspite of plaintiff's repeated demands.

The plaintiff also claims from the defendant the sum of N20.00 per day for loss of income as a result of the wrongful seizure from the aforesaid date of seizure until possession is delivered.

The plaintiff further claims the sum of N1,000.00 as general damages for wrongful seizure and detention…

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