(1987) JELR 40176 (CA)    

Court of Appeal  ·  CA/K/24/86 ·  2 Jun 1987 ·  Nigeria
Other Citations
B.F.N. Ltd. v. Ibrahim (1987) 4 NWLR (Pt.65)
ABUBAKAR BASHIR WALI Justice of The Court of Appeal of Nigeria UMARU MAIDAMA Justice of The Court of Appeal of Nigeria JOSEPH DIEKOLA OGUNDERE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
hired goods
present case
facts of this case
hire purchase agreement
sani bakori
statement of claim
fifty naira
high court
sum of n5,250.00
delivery of the vehicle
deposit of n6,209.25k
learned counsel
lion of africa insurance company
question of frustration
trial of this case
balance of rentals
balance of the hire purchase price
bentworth finance ltd. v
case of crusader insurance nig
cases of bentworth nig
consecutive monthly instalments of n1,750
defendant statement of account
destruction loss
given situation
initial payment
insurance claim
insurance monies
issue of frustration of the contract
judgment of the high court of justice
leading judgment
monthly instalments
nigeria commercial law reports
principle of frustration
respect of a vehicle
said policy
statement of defence counter
subject matter
subject matter of the hire purchase agreement
such arrears
sum of n3
sum of n8,739.75
unpaid balance of the hire purchase price
view of the evidence
written contract

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…

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