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MESSRS WIEDEMANN AND WALTERS (NIG.) LTD v. MOJIBOLA OLUWA AND ORS

(1968) JELR 91519 (SC)

Supreme Court  •  SC. 641/1966  •  13 Dec 1968  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA. LEWIS, JUSTICE, SUPREME COURT. MADARIKAN, JUSTICE, SUPREME COURT

Judgement

LEWIS, J.S.C.

(Delivering the judgment of the Court):-

In suit No. LD/383/65 in the Lagos High Court Sowemino J., on the 31st day of March, 1966 gave judgment with costs for the plaintiff against the second defendant in terms that ‘the articles two EBA concrete miters and one steel cutter be returned on or before the 4th of April, 1966 to the plaintiff by the second defendant and general damages of £300 against the second defendant company,” and at the same time dismissed the plaintiff’s claim against the first and third defendants. Against that decision the second defendant has appealed solely in respect of the award of £300 general damages, as the goods detailed were returned immediately after the judgment. The plaintiff’s writ was in the following terms:-

“The defendants detained from the plaintiffs the plaintiffs’ goods and chattels that is to say:

  • 2 EBA Concrete Miters
  • 1 steel Cutter


The plaintiffs claim a return of the said goods and chattels or their value, and £43 per week from the …

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