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ALHAJI IBRAHIM YAKASSAI V. MESSRS INCAR MOTORS NIG. LTD

(1975) JELR 33948 (SC)

Supreme Court  •  SC.443/74  •  21 May 1975  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; DANIEL O. IBEKWE JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

D. O. IBEKWE, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of Wali, Ag. J., as he then was. The plaintiff's claims in the court below are as follows :

"The defendants detain and have refused to deliver to the Plaintiff the Plaintiff's goods, that is to say Fiat Lorry Registration No. KN. 1975 and a Trailer Registration No. KN 2389 and the defendants hereby converted the same to his own use and wrongly deprived the Plaintiff of the said goods.

Wherefore the Plaintiff claims :

(1)The return of the said vehicles or their value being

5,000 : 12 : 4d

(2) Damages for detention of the said vehicles limited to

3,000: 0: 0d

8,000: 12: 4d

Pleadings were ordered and filed. At the trial, the plaintiff called two witnesses in support of his claim. The defendants called four witnesses, but no Hire Purchase Agreement was admitted in evidence.

It is relevant to observe here that at the close of the case for the parties, the learned trial judge granted a curious appliā€¦

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