AKIBIYA
V.
SAMBO

(1978) JELR 39899 (SC)

Supreme Court 8 Dec 1978 Nigeria
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Case Details

Suit Number:SC.71/1976
Judges:DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Counsel:Mr. G. O. Olanrewaju For Appellant Mr. S. O. Adewunmi For Respondent
Other Citations:AKIBIYA v. SAMBO (1978) 11-12 S.C.

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff in an action in the High Court of the former North-Central State (now Kaduna State) in which he claimed from the respondent, who was the defendant in the action, as follows-

"(1) A declaration that the plaintiff as against the defendant is the real owner of vehicle No. KNB. 5206.

(2) Specific delivery of the said vehicle.

(3) The sum of 300 pounds (N600.00) per month from the time the vehicle was seized until judgment is given.

ALTERNATIVELY the plaintiff claims the sum of N6,000 as special and general damages for conversion" (See paragraph 19 of Statement of Claim).

In his judgment, the learned trial Judge granted to the plaintiff the declaration sought as against the defendant, ordered that the defendant should forthwith deliver the vehicle in question to the plaintiff, and awarded damages to the plaintiff amounting to N4,804.00 under item (3) of the claim. He found that th…

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