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MRS. CAROLINE O. PINHEIRO v. SKYE BANK PLC

(2016) JELR 41834 (CA)

Court of Appeal  •  CA/I/180/2007  •  23 Mar 2016  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; ALI ABUBAKAR BABANDI GUMEL JCA; NONYEREM OKORONKWO JCA;

Judgement

MONICA BOLNAAN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Oyo State High Court delivered on the 12th day of June, 1998 by Hon. Justice Afolabi Adeniran. In this suit, the Plaintiff (now Appellant) claimed damages for the unlawful seizure of a bulldozer by the Respondent, while the Respondent claim that they are entitled to ownership and possession of the said bulldozer.

The Appellant was the Plaintiff while the Respondent was the Defendant at the trial Court. The parties will be referred to simply as Appellant and Respondent.

The Appellant in her brief submits four issues as arising for determination thus:

1. Whether the trial Court was right in basing its Judgment on strict proof of ownership of the caterpillar by the Plaintiff in spite of the presumption raised by Section 146 of the Evidence Act by virtue of the Plaintiffs claim of ownership and her long possession thereof.

2. Whether the trial Court was to base the resolution of…

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