BABATUNDE & ANOR
V.
MODEL INDUSTRIES NIGERIA LTD.
·
Babatunde v. Model Ind. (Nig.) Ltd. (2004) 9 NWLR (Pt. 879) 614
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…