ANTHONY OKEKE V. PETMAG NIGERIA LIMITED
(2004) JELR 51501 (CA)
Court of Appeal
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CA/B/19/2001
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29 Apr 2004
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Nigeria
Coram
PATRICK IBE AMAIZU JCA AMINA ADAMU AUGIE JCA
Appearances
Ithenumah Esq. - for the Appellant
-*-
A. N. Maidoh Esq. - for the Respondent
Judgement
<p><strong> MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of Justice I. E. Ogbodu, of the Delta State High Court, holden at Ogwashi-Uku, dated 2/2/2000. The plaintiff/ respondent in his amended statement of claim, claimed against the defendant/ appellant as follows:</p><p>“Wherefore the plaintiff claims from and against the defendant as follows: -</p><p>(a) Return of the plaintiff’s said vehicle to the plaintiff in its pre-accident condition, its market value then being ₦500, 000.00 (five hundred thousand naira).</p><p>(b) Payment of the sum of ₦2,500.00 (two thousand, five hundred naira) per day to the plaintiff for loss of use of the said vehicle from 17/12/95 to 3/7/97, which comes to ₦1,407,500.00 (one million, four hundred and seven thousand, five, hundred naira). </p><p>(c) Payment of the sum of ₦2,500.00 (two thousand, five hundred naira) per day to the plaintiff for the loss of use of the said vehicle from 4/7/97 until the defendant returns the vehicle.”</p><p>The writ of su…</p>