(1978) JELR 50539 (SC)    

Supreme Court  ·  SC.32/1976 ·  9 Feb 1978 ·  Nigeria
Other Citations
(1978) All N.L.R 25 Dumuye v. Iduozo (1978) 2 S.C. 1
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
palmer sodje
mebea trucks
5th defence witness
learned trial judge
13th november
learned judge
4th defence witness
particulars of error of law
case of the appellant
dr. mowoe
high court
police station
statement of defence
subject-matter of this suit
sufficient evidence
careful consideration of the evidence
company palmer sodje
criminal investigation
division police officer
ground of appeal
important issue
investigation of a charge
investigation of that complaint
judgement of the learned trial judge
k. eso
leading judgment
lengthy judgement
main issues
mr. onokughetor
new mebea trucks
property of 5th defence witness
pursuance of these grounds of appeal
said debt of n1,000
said mebea trucks
second issue
subject matter of this action
submissions of both learned counsel
value of the said mebea trucks
western state
wrongful detention of the said mebea trucks

K. ESO, J.S.C. (Delivering the Leading Judgment): The action filed by the plaintiff (who is the appellant in this court, and, who hereinafter, will be referred to as the appellant), in the High Court of the Mid-Western State (now Bendel State) sitting at Warri, against the defendants (respondents in this court, and who hereafter, will be referred to as the respondents), is for the return of two new mebea trucks which the appellant surrendered to the respondent at their request for use as exhibits in an investigation of a charge of stealing made against the appellant, by one Palmer Sodje, or, in the alternative, the sum of N1,580, value of the said mebea trucks. The appellant also claimed N220 damages for the wrongful detention of the said mebea trucks.

Pleadings were ordered and duly filed and the parties led evidence. The case of the appellant was that he deposited N1,000 with Palmer Sodje, who traded under the style Star Enterprises, for the purchase of two cars. Palmer Sodje, whom …

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