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Chief D.O. Ogugua v. Armels Transport Ltd.

(1974) JELR 33324 (SC)

Supreme Court  •  SC.214/73  •  22 Mar 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; DAN IBEKWE JSC;

Judgement

D. O. IBEKWE, J.S.C. (Delivering the Leading Judgment): This appeal raises vital questions as to the liability of a bailee under the law. The main facts are not in dispute. The defendant is a limited liability company and carries on the business of common carriers and motor repair workshop and motor garages throughout the Federation of Nigeria. Sometime in October 1966, the plaintiff, a businessman, delivered his Mercedes-Benz Saloon Car Model 222S Registration No. ED 1965 to the defendants' workshop at Aba for repairs and subsequent delivery to him at Dmuahia. The defendants accepted the vehicle. Accordingly, Job Cards Nos. G. 829 and 873 were issued for it.

But for reasons which would appear to be beyond the control of the defendants, the repairs were so prolonged that the plaintiff's patience ran out, and he made repeated demands upon the defendants for the return of his car. Nevertheless, the defendants failed to repair and return the car to the plaintiff. In the end, the car rema…

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