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LUKE NWANEWU ONYIAORAH V. BENEDICT C. ONYIAORAH HENRY O. AROH

(2007) JELR 56392 (CA)

Court of Appeal  •  CA/E/14/2001  •  29 Mar 2007  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA (Presided) SOTONYE DENTON-WEST JCA (Read the Lead Judgment) JIMI OLUKAYODE BADA JCA

Appearances
P. A. Afuba (with him, A. C. Anaenugwu) - for the Appellant . G -*- Tagbo Anieto Esq. - for the Respondents .

Judgement

DENTON-WEST JCA (Delivering the Lead Judgment): This is an appeal by the appellant as plaintiff against part of the judgment of P.A.C. Obidigwe J sitting at Ogidi High Court of Anambra State in suit No. HID/40/97 (formerly suit No. O/355/93) delivered on 15th September, 1998, wherein the court found partially in favour of the plaintiff.

The plaintiff claimed against the defendants now the respondents as follows:

“(a) Return of the plaintiff’s brand new Peugeot 504 A/C station wagon unlawfully detained by the defendant.

(b) or in the alternative: the sum of N471,600.00 (four hundred and seventy one thousand, six hundred naira) being the current value of the Peugeot 504 A/C station wagon.

Or still in the alternative:

The sum of N14,500.00 (fourteen thousand, five hundred naira) being t he amount given to the defendants by the plaintiff for the purchase of Peugeot 504 A/C station wagon, the value of the car at the time of conversion.

The sum of N457,100.00 (four hundred and fifty- seven thou…

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