MORONKEJI OGUNWUMIJU, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of the Honourable Justice R. I. B Adebiyi sitting at the High Court of Lagos State, Lagos Judicial Division delivered on the 6th day of November, 2007. The facts that led to the appeal are as follows:
The Respondent, formerly an employee of the Appellant, while in its employ, applied for and was granted a car loan and a housing loan of N520,000 by the Appellant in September 2004. The Respondent repaid some of the money leaving an outstanding balance of N338,147 which she failed to pay before resigning her appointment with the Appellant. Thereafter, the Appellant reported the matter to the police who then seized the vehicle bought by the Respondent with the car loan. The Appellant proceeded to file an action to recover the debt at the trial court. In response, the Respondent filed a counter claim seeking special and general damages for the seizure of the car by the Police. The police w…