(1978) JELR 39899 (SC)    

Supreme Court  ·  SC.71/1976 ·  8 Dec 1978 ·  Nigeria
Other Citations
AKIBIYA v. SAMBO (1978) 11-12 S.C.
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
Core Terms Beta
leasing agreement
ownership of the vehicle
learned trial judge
monthly rent
basis of the respondent
further term
hire-purchase agreement
statement of claim
1st day of january
1st january
basis of the leasing agreement
calendar month
change of ownership
company limited
d. a. r. alexander
decision of the high court
existing breach
following grounds
form of hire-purchase agreement
general damages
kaduna state
leading judgment
legal change of ownership of the vehicle
manager of the lessor company
name of the appellant
nature of the transaction of lease
numerous covenants
payment of various sums of money
real owner of vehicle no. knb
reasonable grounds
registration of the vehicle
specific delivery of the said vehicle
such case
term of the lease
term of this agreement
trial court
value of the subject matter
vehicle registration book
weight of evidence

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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