Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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 …

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