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SPASCO VEHICLE AND PLANT HIRE COMPANY LIMITED. V. ALRAINE (NIGERIA) LIMITED

(1995) JELR 42413 (SC)

Supreme Court  •  SC.164/1989  •  26 Sep 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

IGUH, J.S.C.: (Delivering the Leading Judgment): In the Ikeja judicial Division of the High Court of Lagos State, the plaintiff, who is now appellant, instituted an action against the respondent, who therein was the defendant, claiming as follows:-

"(i) The sum of N1,476,000.00 (One million four hundred and seventy six thousand Naira) being the cost of hire of one Coles LH 1000-110 Ton Crane by defendant from the plaintiff between 12th October, 1983 and 31st August, 1985, (492 days), at the rate of N3,000 (three thousand naira) per day, (8 hour day/5 day week, at N375.00 per hour).

(ii) For the return of the plaintiff's Coles LH 100 - 110 Ton Crane unlawfully detained and still being detained by the defendant from the plaintiff from 1st October, 1985, despite repeated demands for the return of same.

(iii) For special and general damages for the unlawful detention of the said Coles LH 1000 - 110 Ton Crane from 1st September, 1985.

(iv) For any other order/orders as this Honourable Co…

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