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ADELEBARE
V.
NIGER MOTORS LTD.

(1974) JELR 46184 (SC)

Supreme Court 3 May 1974 Nigeria
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- Plaintiff, as hirer of a Bedford Bus, sought damages for alleged unlawful seizure and sale of the vehicle by the defendants, who had acted as agents for Bentworth Finance (Nigeria) Ltd. in a complex hire purchase arrangement. - After defa

Case Details

Suit Number:SC.78/1972
Judges:TASLIM OLAWALE ELIAS CJN ATANDA FATAYI-WILLIAMS JSC DAN IBEKWE JSC
Counsel:Mr A.L. Balogun For the Appellant;; Mr. S. Sasegbon, (with him, Mr. A. Sanda) For the Respondent.
Other Citations:(1974) All N.L.R 61 (1974) 5 S.C. 1

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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