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KASALI A. RAIMI V. MOSHUDI FUNSO OGUNDANA & ORS.

(1986) JELR 46557 (SC)

Supreme Court  •  SC.226/1984  •  9 May 1986  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC ANTHONY NNAEMEZIE ANIAGOLU JSC AUGUSTINE NNAMANI JSC BOONYAMIN OLADIRAN KAZEEM JSC SAIDU KAWU JSC

Judgement

NNAMANI, J.S.C. (Delivering the Leading Judgment): On the 11th day of February, 1986, I dismissed the appellant's appeal to this Court. I then indicated that I would give reasons for my judgment today. I now give those reasons.

In the substantive suit which emanated from the High Court of Rivers State, Port Harcourt Judicial Division, the appellant herein, who was plaintiff, claimed against the respondent, 2nd defendant, and one other, Moshudi Funso Ogundana, who neither appealed to the Court of Appeal nor this Court, in these terms:

1. The return of the Plaintiff's Toyota Hiace Bus No. RV1554A seized by the Defendants at Port Harcourt on or about the 11th of September, 1979 or the payment of the sum of N10,000 representing the value of the said vehicle at the time of seizure.

2. The sum of N10,000 as special and general damages for wrongful seizure and unlawful detention of the said vehicle by the Defendants for a period of 123 days i.e., between 11th September, 1979 and 11th of Jan…

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