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ABDULKAREEM
V.
INCAR NIGERIA LTD.

(1984) JELR 33974 (SC)

Supreme Court 4 Oct 1984 Nigeria
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- The appellant filed a claim against a motor dealer company for breach of contract, damages, injunction, and release of vehicles or their value. - The parties entered into 27 hire purchase agreements for vehicles, with 15 new and 12 old ve

Case Details

Suit Number:SC.40/1983
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Counsel:Chief Olisa Chukwura, S.A.N. (with him O. J. Bamgbose, Esq.) For Appellant Mr. J. B. Majiyagbe, S.A.N. (with him E.O. Ishie Esq.) For Respondent

ESO, JSC (Delivering the Leading Judgment): It is necessary to state the facts of this case in some detail, as they are material to the points of law which have been raised before this court.

The appellant, Alhaji Shaibu Abdulkareem, was the plaintiff in the court of trial, the Kano High Court, where he claimed against the defendants, who are now the respondents to this appeal, for -

"(1) an account be taken of the entire transaction and the moneys which he has paid to the defendants to determine whether or not the defendants can repossess any of the vehicles,

(2) damages for breach of contract/warranty: N200,000.00,

(3) an injunction restraining the defendants from further seizing any of the vehicles now in the possession and custody of the plaintiff,

(4) release and possession of the said vehicles, registration Nos. KNF 3651 and KN 6638K now in custody of the defendants or in the alternative for the value of the said vehicles."

The defendants, a limited liability company, were at …

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