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SCOA NIGERIA LIMITED v. J. A. KEHINDE & SONS NIGERIA LTD.

(2003) JELR 42061 (CA)

Court of Appeal  •  CA/I/243/01  •  10 Jun 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): In this appeal, the evidence of both the appellant and the respondent show the following facts. That the Chairman of the respondent who testified as PW 1 in the court below gave instruction to his employee to take the company's vehicle to the appellant for the appellant to rectify the problem of engine oil consumption in the said vehicle, at a cost of not more than N3,500. The vehicle is a Mitsubishi Canter vehicle; and it was delivered to the appellant's workshop at Abeokuta in February 1988, the date is not stated. Exhibit B is a letter dated 18th June, 1989, by which the appellant asked the respondent to go to its workshop at Abeokuta to collect the said vehicle, upon payment of the sum of N11,309.00 costs of the repairs of the said vehicle following the letter, the respondent said she went to Abeokuta workshop of the appellant on 7/6/89 (from the records, the date cannot be correct) and found that the vehicle…

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