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NASCO MANAGEMENT SERVICES LTD. v. A.N. AMAKU TRANSPORT LTD.

(1998) JELR 36631 (CA)

Court of Appeal  •  CA/J/132/96 (R)  •  10 Dec 1998  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; RABIU DANLAMI MUHAMMAD JCA;

Judgement

EDOZIE, JCA (Delivering the Leading Ruling): This is a motion on notice which stemmed from an appeal against the decision of the Plateau State High Court sitting in Jos in a case where the respondent hereinafter referred to as the plaintiff claimed against the appellant, henceforth to be called the defendant, the sum of ₦3.240.000 as damages for the detention of the plaintiffs motor vehicle to wit, a tanker trailer registered as BO2913 P from the 16th day of December, 1993 until the 30th day of November, 1994 when it was released.

According to the plaintiff, on 27/11/93, one Ozur Ugoisi contracted with it to carry some white tallow (a petroleum product) the property of the defendant from Lagos to Jos for a consideration of ₦45,000.00. While the plaintiffs driver called Asiniyu Lasisi was conveying the tallow, the trailer was involved in an accident near Ogbomosho as a result of which some quantity or the tallow was lost by spillage. After police investigation, the plaintiffs driver ar…

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