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MUHAMMED S.M.D. V. TERSOO KPELAI

(2001) JELR 52299 (CA)

Court of Appeal  •  CA/J/206/99  •  18 Jan 2001  •  Nigeria

Coram
OLUDADE OLADAPO OBADINA, JCA ISA ABUBAKAR MANGAJI, JCA

Appearances
A. Dauda Esq. - for the Appellant. -*- V. M. Aondo Esq. - for the Respondent.

Judgement

MUKHTAR, JCA (Delivering the Lead Judgment): In a suit initiated by the respondent in this appeal, in the Benue State High Court sitting inMakurdi, he claimed the sun of N500,000.00 aggravated damages for the seizure of a Toyota Carina by the appellant. Briefly put, the case of the respondent in the lower court is that the 1st defendant brought a Toyota Carina 1983 Model together with all the relevant documents to him for purchase. He bought the car at N330,000.00 and was issued with purchase receipt and sales invoices. Sometime in January 1997, some armed policemen took away the vehicle from his house in Gombe, on the allegation that the entire purchase price was not given to the 3rd defendant, who was the actual owner of the vehicle. The respondent had bought the vehicle from the 2nd defendant’s firm through the 1st defendant. According to the respondent, the disagreement between the 1st and 3rd defendants did notconcern him as he was a bona fide purchaser for value from an auth…

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