AJAGBE
V.
IDOWU

(2011) JELR 45984 (SC)

Supreme Court · SC.271/2003 · 17 Jun 2011 · Nigeria

CORAM

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

Ratio Decidendi

Core Terms ^Beta

defendant

respondent

evidence

nwlr part

hire purchase agreement

learned counsel

trial court

court of appeal

cross examination

ga chasis no.

leading judgment

learned justices of the court of appeal

learned trial judge

monthly payments

valid hire purchase agreement

basis of the agreement

case of the plaintiff

excerpt of the judgment of the lower court

general damages

hire purchase

loss of use of the vehicle

minds of the parties

return of the toyota liteace bus

said vehicle

above submissions

admission of exhibit a

award of the sum of n250,000

briefs of argument

case of the defendant

chugbo chemists ltd v

depreciating value of the seized vehicle

facts of this case

favour of the respondent

following issues

following orders

fundamental basis of the contract

high court of justice

initial payment of n20,000.00

keys of the vehicle

osun state

respondent pays

sale basis

total payment of n39,000.00

toyota liteace bus vehicle

unlawful seizure of the vehicle

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 …

AJAGBE V. IDOWU

AJAGBE
V.
IDOWU