MANU V. EMERUWA

ABBAN J.

In this action the plaintiff claims from the defendant: (a) damages of N¢8.00 a day from 15 October 1968, to the date of judgment for the use of the plaintiff’s vehicle, No. GK 6; (b) an order for the return of the said vehicle to the plaintiff. The facts in this case appeared to be simple and straightforward, but they raised very interesting legal points which demanded careful attention.

The plaintiff in his evidence averred that on 15 October 1968, he was in some financial difficulties and he approached the defendant from whom he borrowed an amount of N¢1,000.00. The plaintiff promised to refund the N¢1,000.00 in full on 30 October 1968. According to the plaintiff, he deposited with the defendant his vehicle, an Opel Caravan with registration number GK 6, together with its insurance policy, quarter licence and key. The understanding was that the defendant was to keep the said vehicle and those documents as security for the repayment of the said loan of N¢1,000.00. The transa…