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ZENON PETROLEUM & GAS LIMITED V. IDRISIYYA NIGERIA LIMITED

(2005) JELR 52132 (CA)

Court of Appeal  •  CA/L/178/03  •  22 Jul 2005  •  Nigeria

Coram
MUSA D. MUHAMMAD JCA (Presided and Read the Lead Judgment) CLARA BATA OGUNBIYI JCA MUHAMMED LAWAL GARBA JCA

Judgement

MUHAMMAD JCA (Delivering the Lead Judgment): By a writ of summons dated 13th December, 1999 the respondent in the instant appeal claimed against the appellant herein the sum of ₦700,000.00 being loss of hiring charges it suffered following the illegal detention of its trailers by the appellant on diverse dates as follows:-

(a) Trailers Nos. XA 246 SML and XA 259 SML from 23/9/99 to 24/9/99

(b) Trailers Nos.AE 314 SML, AE 271 SML from 22/11/99 to 29/11/99.

Before the illegal detention, appellant had hired and paid ₦50,000 for two trailers at the rate ₦25,000.00 per day per trailer on 22/9/99. The sum of ₦700,000.00 claimed by the respondent, in respect of his detained trailers was informed by this fact. Respondent’s case it also was that appellant’s illegal detention of the trailers was predicated on respondent’s indebtedness to the appellant for an unsecured debt of the sum of ₦754,000.00.

The appellant had counter-claimed against the respondent for the sum of ₦295,666.90 being damag…

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