AGBAI & ORS.
V.
OKOGBUE

(1991) JELR 40789 (SC)

Supreme Court 4 Oct 1991 Nigeria
BriefBot icon

BriefBot Summary

Free

- The case involves a dispute over the seizure of a sewing machine by an age group in a Nigerian village. - The plaintiff claims he is not a member of the age group and therefore not obligated to pay the levy imposed by the group. - The Chi

Case Details

Suit Number:SC.104/1989
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria PAUL KEMDILIM NWOKEDI Justice of The Supreme Court of Nigeria
Counsel:Chief G. N. Uwechue (with him, Queen Ezuma) For Appellant Chief I. Tagbo Nwogu For Respondent
Other Citations:Agbai v. Okogbue (1991) 7 NWLR (Pt.204) 391 (1991) 9-10 SCNJ 49 (1991) 9-10 S.C 57

P. K. NWOKEDI, JSC (Delivering the Leading Judgment): The appellants and the respondents are all from Amankalu Alayi a village tucked away somewhere in Imo State and now in the area recently constituted as Abia State. The parties are however all resident in Aba. The plaintiff/respondent commenced the suit in the Chief Magistrate Court, Aba, on 10th August. 1978. He claimed against the defendants/appellants for a sum of ₦2.000.00 made up as follows:-

"(a)(i) Return of the Butterfly sewing machine or its value namely ₦115.00

(ii) Loss of use at the rate of ₦15.00 per day for 74 days of from 22/4/78 to 17/7/78 working days.

The loss of use continues.

(b) General damages ₦775.00"

The evidence led shows that the defendants/appellants invaded the premises of the respondent in Aba, and seized and carried away his butterfly sewing machine. The respondent is a tailor by trade. The reasons for the invasion and seizure, according to the appellants, were that the appellants and the respondent we…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.