Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2007) JELR 46476 (SC)    

Supreme Court  ·  SC.216/2001 ·  23 Feb 2007 ·  Nigeria
Other Citations
C.D.C. (Nig.) Ltd. v. SCOA (Nig.) Ltd. (2007) 6 NWLR (Pt.1030) 300 (2007) 2 S.C 195 (2007) 2 S.C 195
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
motor vehicle
hire purchase act
rig no. la
common law
trial court
exhibit d2
hire purchase agreement
provisions of the hire purchase act
purchase price
exhibit d3
counter claim
no. la
common ground
fresh appraisal of evidence
rate of n2,000.00
appeal no. ca
award of the sum of n319,806.00
claims of the plaintiff
current value of the said rig
date of judgment of the lower court
facts of the case
following issues
following reliefs
further contention of the respondent
high court of lagos state
hold of her car
issue of estoppel
judgment of the court of appeal
leading judgment
learned trial judge
market value of the rig
motor cars
motor scrappers model 360b
plaintiff claim
presumptions of law
release of the said car
respect of rig
road scrapper
said agreement
said decision of the trial court
said purchase price
second transaction
sum of n3,300.000
tedious pleadings of the parties
unpaid balance of the purchase price

W. S. N. ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Lagos in appeal No. CA/L/243/93 delivered on the 9th day of February, 2001 in which the court held as follows:

"1. The plaintiff claim in respect of Rig. No. LA 2632 WD succeeds and the plaintiff is awarded:

(a) The sum of N3,300.000.00 as the market value of the Rig at the date of judgment of the lower court.

(b) N560,000.00 as damages for loss of income on the Rig for 260 days at the rate of N2,000.00 per day.

2. The claims of the plaintiff on rig No. LA 8509 WD are refused as the plaintiff did not show that a Rig is a motor vehicle within the meaning of section 1 of the Hire Purchase Act, Cap. 169.

3. The award of the sum of N319,806.00 on the scrappers are affirmed; and this court sees no reason to award more than that amount.

4. On the counter claim by the defendant, judgment is given in favour of the defendant for the sum of N108,324.16 the breakdown …

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