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ABDULKARIM
V.
INCAR NIGERIA LTD.

(1992) JELR 43143 (SC)

Supreme Court 24 Jul 1992 Nigeria
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- The appellant filed a writ of summons in the High Court of Kano State, claiming delivery of two lorry vehicles or the sum of ₦400,000, damages for their wrongful detention, and other relief. - The defendant brought an application to strik

Case Details

Suit Number:SC.183/1989
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SHEHU USMAN MOHAMMED Justice of The Supreme Court of Nigeria
Counsel:Mallam Mahmoud Gafar For Appellant A.O. Okulaja For Respondent
Other Citations:Abdulkarim v. Incar (Nig.) Ltd. (1992) NWLR (Pt. 251) 1

M. L. UWAIS JSC (DELIVERING THE LEADING JUDGMENT): In his writ of summons, the appellant, as plaintiff, claimed against the respondent, as defendant, in the High Court of Kano State as follows:

"(1) Delivery up of the said two lorry vehicles numbers KNF 3652 and KNF 4741 or the total sum of ₦400.000 (their current market value).

(2) Damages for their wrongful detention at the rate of ₦9,000.00 per month, from October, 1984 (the date of the Supreme Court judgment) till delivery is made or the cost of vehicle paid to the plaintiff.

(3) Other consequential relief as the Court may deem fit to make."

The writ of summons was taken out on the 14th day of July. 1987. Before Statement of Claim was filed by the plaintiff, the defendant brought an application on the 21st day of August, 1987 praying thus:

"(a) An order that the Writ of Summons herein dated 21st day of July, 1987 (sic) be struck out on the grounds that:

(i) it discloses no reasonable cause of action, and

(ii) it is an abuse of the proces…

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