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EJEMBI EKO, J.C.A. (Delivering the leading judgment): At the High Court of Rivers State (Coram: Mary U. Odili J, as she then was) the Respondent, as the Plaintiff, sued the Appellant claiming -
a. The sum of N1, 176, 000.00 being and representing special damages for loss of use of his vehicle RV 4879 PA scania trailer from the 13th day of January, 1995 to the 30th day of June, 1995 and thereafter N7,000.00 per day until judgment is delivered.
b. General damages in the sum of Two Million and order compelling the defendant to return the said vehicle in good working condition.
The action was essentially in detinue.
Parties exchanged pleadings. The cause of action is that the Appellant, the Defendant, employed the services of S.J. Nsa, trading under the name and style of Nsa Brothers Trading company "to engage in the haulage of their products from Trans-Amadi Depot to different locations Rivers State."The said S.J Nsa had no truk of his own. He allegedly engaged "the Plaintiff to perform …