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AJAGBE
V.
IDOWU

(2011) JELR 45984 (SC)

Supreme Court 17 Jun 2011 Nigeria
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- The plaintiff bought a Toyota Liteace bus from the defendant on a credit-sale basis. - The plaintiff made initial payments but could not meet the monthly payments. - The defendant seized the vehicle and claimed it was a hire purchase agre

Case Details

Suit Number:SC.271/2003
Judges:ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Counsel:A.U, Mustapha Esq., A.F. Attah Esq.O.M. Soyoye Esq. For Appellant A. Adeniyi Esq.O. Otitoloju Esq.O. Atanda Esq.R. Abdulrahman For Respondent

A. M. MUKHTAR, JSC (Delivering the Leading Judgment): The plaintiff's claims against the defendant in the High Court of Justice, Osun State, as per the writ of summons are:-

"1. The return of the Toyota Liteace Bus with registration number OS 68 GA Chasis No. 00194483 which the plaintiff bought on credit from the defendant, but which the defendant unlawfully seized from the plaintiff at Ifon-Osun on 4th December, 1992.

2. The sum of five hundred Naira (500.00) per day for loss of use of the vehicle from 4th December, 1992 till the vehicle is returned to the plaintiff.

3. The sum of fifty thousand Naira (50,000.00) being general damages for the unlawful seizure of the vehicle."

"IN THE ALTERNATIVE TO CLAIM 1 ABOVE,

The plaintiff claims the sum of Three hundred thousand Naira (300,000.00) being the current market value of the Toyota Liteace bus with registration No. OS 68 GA Chasis No. 0019483 which the plaintiff bought on credit from the defendant, but which the defendant unlawfully …

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