(2003) JELR 44836 (CA)    

Court of Appeal  ·  CA/L/315/96 ·  23 Oct 2003 ·  Nigeria
Other Citations
Babatunde v. Model Ind. (Nig.) Ltd. [2004] 9 NWLR (Pt.879)614
Babatunde v. Model Ind. (Nig.) Ltd. (2004) 9 NWLR (Pt. 879) 614
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLAADEREMI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
ijaiye road
learned trial judge
general damages
trial court
documentary evidence
evidence of the plaintiff
brief of argument
issue no.1
joint venture agreement
statement of claim
sum of n1
trial judge
yuen wing ting
bailee of mr. ting
civil litigation
contents of exhibit z
conversion of the respondent
copy of the said letter of apology
dragon gate trading company limited
evidence of the said witness
exhibit b minutes of meeting
force of an order of interlocutory injunction
grounds of appeal
lagos state
landlord of the property
leave of the court
meetings of the parties
name dragon gate trading company
name standard industries company
notice of appeal
oral testimonies
representatives of the defendant
said judgment
said witness
suit no. id
testimony of onagoruwa
total value

PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): The plaintiff (hereinafter referred to as the respondent) claimed against the defendants (hereinafter referred to as the appellants) jointly and severally the sum of N1 million (One million Naira) being special and general damages for the conversion of the respondent's plants, machines and motor vehicle. Pleadings filed and exchanged between the parties are the statement of claim and reply to amended statement of defence and counter-claim by the respondent and with the leave of the court, amended statement of defence and counter-claim.

Briefly put, the plaintiff/respondent's case per its pleadings is thus: The respondent claimed to be the owner of plant and machinery for making polythene bags and tyre retreading that were in a factory at 19 Ijaiye Road, Ogba. It based its ownerships on a joint venture agreement dated 21st March, 1977 between the respondent and one company by name Dragon Gate Trading Company Limited repr…

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