UZO I. NDUKWE-ANYANWU, J.C.A: (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice Bauchi State. Briefly the facts of this case is as follows:
Sometime in June 1993, the Appellant a parastatal of the Bauchi State Government auctioned 3 of its low loader beds vehicles. The Respondent paid N8,000.00 for one of the vehicles he bought from the auction.
The Respondent claimed that he made several attempts to collect what he paid for but could not. In frustration he instituted Suit No. BA/08M/2000.
The trial Court entered judgment in favour of the Respondent and ordered the Appellant to release the vehicle. The Appellant failed to release the vehicle and thereby caused the Respondent to initiate a fresh suit for specific performance, and general damages for breach of contract in Suit No. BA/37/2003.
The Judgment in this 2nd suit was also in favour of the Respondent.
The Appellant being dissatisfied filed a Notice and Grounds of Appeal. The…