K. A. ONAMADE & ANOR. V. AFRICAN CONTINENTAL BANK LTD.
(1997) JELR 45519 (SC)
Supreme Court
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SC.199/1990
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17 Jan 1997
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Nigeria
Coram
IDRIS LEGBO KUTIGI JSC;
MICHAEL EKUNDAYO OGUNDARE JSC;
SYLVESTER UMARU ONU JSC;
YEKINI OLAYIWOLA ADIO JSC;
ANTHONY IKECHUKWU IGUH JSC;
Appearances
Appellants absent and unrepresented For Appellant
R. U. Afangide, Esq. For Respondent
Judgement
<p><strong>A. I. IGUH, J.S.C. (Delivering the Leading Judgment):</strong> By a writ of summons issued on the 22nd day of May, 1986, the plaintiffs, who are appellants herein, instituted an action against the defendant, who is now respondent, at the High Court of Justice, Oyo State claiming as follows -</p><p> "1. The plaintiffs' claim is against the defendant for an order directing the defendant to release</p><p> (a) The 1st plaintiff's deed of title to the 2nd plaintiff. </p><p> (b) Document acknowledging the receipt of the sum of ₦29,912.53 (Twenty-nine thousand, nine hundred and twelve naira, fifty-three kobo) to the 2nd plaintiff duly executed.</p><p> 2. The plaintiffs also claim against the defendant the sum of ₦50,000.00 (Fifty thousand naira) being special and general damages for the wrongful detention of or refusal to surrender the said documents. </p><p> 3. The plaintiffs also claim ₦500.00 (Five hundred naira) per day from date of writ until documents are released." </p><p> The facts of this case are not very much in dispute. In 1977, …</p>