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C.D.C. (NIG.) LTD
V.
SCOA (NIG.) LTD

(2007) JELR 46476 (SC)

Supreme Court 23 Feb 2007 Nigeria
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- The appellant is appealing against a judgment made by the Court of Appeal in Lagos. - The issues for determination in the appeal include whether the transaction is governed by the Hire Purchase Act, the correct measure of damages for the

Case Details

Suit Number:SC.216/2001
Judges: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
Counsel:J.C. Ezike, Esq. (with him, Chuma Chukwudi, Esq.) For Appellant T. Olayinka, Esq. For Respondent
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

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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