(1974) JELR 46184 (SC)    

Supreme Court  ·  SC.78/1972 ·  3 May 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 61 (1974) 5 S.C. 1
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
bentworth finance
hire purchase agreement
general damages
mr. balogun
statement of defence
20th january
deed of assignment
hire purchase
weight of evidence
admitted facts
agents of a vehicle bedford bus lh
alleged unlawful seizure
appeal fails
aspects of this second agreement
basis of an alleged agreement
date of its execution
finance company
first place
following passage
fresh hire-purchase agreement
instant case
inter alia
lagos state
law of property act
leading judgment
learned counsel
net profit
niger motors ltd.
particular circumstances of the case
payment of his installments
personal rights of bentworth
possession of the plaintiff
present case
purported deed of assignment
special damages
substantive claim
such transactions
t. o. elias
trial of the action
virtue of the hire purchase agreement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No. LD/83/69 delivered at the Ikeja High Court, Lagos State, on July 5, 1971, Dosunmu, J., dismissed the action brought against the defendant claiming the sum of 6,211 Pounds being special and general damages for the alleged unlawful seizure and sale by the defendants, their servants or agents of a vehicle Bedford Bus LH. 9495, which was lawfully in the possession of the plaintiff as a hirer. The vehicle was seized on or about May 28, 1965 and sold subsequently by the defendants.

The admitted facts are these. The plaintiff, intending to purchase a Bedford bus, approached the defendants with his request, and the defendants, unable to grant the plaintiff the credit involved on their own account, arranged with Bentworth Finance (Nigeria) Limited (hereinafter referred to simply at Bentworth) for the transfer of the ownership to Bentworth which then entered into a hire purchase agreement with the plaintiff. When the plaintiff f…

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