B.F.N. LTD
V.
IBRAHIM
·
MAIDAMA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the plaintiff (now appellant) against the judgment of the High Court of Justice, Kano, delivered on the 7th June 1985; in which a sum of N5,250.00 (Five Thousand Two Hundred and Fifty Naira) which was less than the amount claimed by the appellant was awarded to him. In the High Court, the appellant's claim as endorsed on the writ of summons, was for the sum of N8,739.75 (Eight Thousand, Seven Hundred and Thirty Nine Naira, Seventy- Five Kobo) being the balance of rentals in respect of a vehicle with registration No. KNA 9577 K which was let to the defendant (now respondent) on hire purchase agreement, dated 2nd of February 1977. Under clause 3 of the agreement, which was tendered and admitted as Exhibit 'B', it was provided inter alia -
"that the hirer shall pay to the owners on the signing of this agreement, the initial payment set out overleaf in consideration of the option to purchase hereby granted and pay the…