Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2015) JELR 45515 (CA)    

Court of Appeal  ·  CA/OW/301/2012 ·  6 Mar 2015 ·  Nigeria
ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria FREDERICK O. OHO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
trial court
miscarriage of justice
learned trial judge
learned counsel
evidence of the parties
failure of the trial court
intentional act of the defendant
registration no.
finding of the lower court
honourable justice nonye okoronkwo
judgment of the trial court
lead judgment
piece of evidence
reasonable grounds
above issues
chattel of the plaintiff
court of appeal rules
defendant of the claimant
detention of a plaintiff
enough evidence
facts of the case
following circumstances viz
honourable court
issues viz
judgment of imo state high court
leading judgment
mitsubishi colt saloon car
notice of appeal
order of the high court owerri division
part of the decision
primary duties
respondent h.n.g amadi esq
right of the plaintiff
said court
said hyundai bus
said judgment
senior counsel calls issue no.
specific legal issues
willful conversion

PETER OLABISI IGE, JCA (Delivering the Leading Judgment): This appeal is against the judgment of Imo State High Court delivered on 30th day of July, 2012 by Honourable Justice Nonye Okoronkwo now JCA.

By his Writ of Summons issued out of the said court on 29th day of August 2011, the Appellant claimed against the Respondent as follows:-

"The Claimants claims from the Defendant as follows:-

(a) A declaration by the Honourable Court that the willful conversion by the defendant of the Claimant's "Hyundai Bus with Registration No. AT 870 WER AND Mitsubishi Colt Saloon car with Registration No. AE908 AFR" is unlawful.

(b) An order compelling the defendant to return to the claimant's use and possession the said Hyundai bus with Reg No. AR 870 WER and MITSUBISHI Colt car with Reg No AE 908 AFR with all the items and sum of money contained therein.

(c) ₦10 Million being general and special damages for the conversion of the claimant's vehicles. ₦60,000 (Sixty Thousand Naira) monthly for the en…

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