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Andrew Ebohimi Omoijuanfo v. Nigeria Technical Company Ltd

(1976) JELR 41446 (SC)

Supreme Court  •  SC.33/1975  •  15 Apr 1976  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; CHARLES OLUSOJI MADARIKAN JSC; CHUKWUNWEIKE IDIGBE JSC;

Judgement

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): By a hire purchase agreement of the 19th day of June, 1972, the appellant undertook to purchase from the respondents a Steyr Tipper for the total purchase of 'a35,643 (N11,286.00). Under the terms of the hire-purchase agreement (hereinafter called "the hire agreement") the appellant was required to make an initial deposit of 'a31502 (N3,004.00) before collecting the Steyr tipper (hereinafter referred to as "the vehicle") and thereafter to make fifteen regular and consecutive monthly instalment payments of 'a3276 (N552.00) on or before the end of each successive month, commencing from the 4th day of August, 1972 in order to complete payment of the total purchase price. The appellant took delivery of the vehicle after making the initial deposit of N3004, and subsequently made regular instalment payments as provided in the hire agreement until August 1972; thereafter he made irregular payments,the last of which being N78 was on the 4th…

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