GASALIYU OLA-IYA V. ALHAJI YAKUBU LASISI

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of BADA J, sitting at High Court No.2 of the Osun State High Court, Osogbo in his Lordship's judgment dated 29th July, 2004. The respondent was the plaintiff while the appellant was the defendant/counter claimant at the trial court. By a writ of summons issued 12th April, 2001 and a statement of claim filed at the lower court dated 22nd August, 2001, the plaintiff claimed as follows:

1. Declaration that the hire-purchase agreement dated 1/6/96 between the plaintiff and the defendant in respect of Mercedes Benz Truck 1624 Registration No. OS 936 has been properly brought to an end.

2. Declaration that possession of the said motor vehicle Registration No. OS 936 SS is rightly vested in the plaintiff by virtue of S. 9(5) of the Hire-Purchase Act.

3. Declaration that the plaintiff is entitled to sell the said motor Vehicle and use the proceeds to recoup himself for the sum of N755,…