GUINNESS NIG. PLC
V.
BOSE STORES LTD

MUKHTAR JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Lagos State (coram Falase J) delivered on the 2nd October, 2003 in favour of the respondent who was the plaintiff and against the appellant who was the defendant in the trial court. The respondent’s case as contained in the further amended statement of claim dated and filed on 22/09/03 is for special and general damages for unlawful detention of its six trucks by the appellant from 4th January, 1994 till possession of same is restored to the respondent. The vehicles were allegedly not released despite demand made by the respondent to that effect. The respondent was thereby denied the use of the detained trucks and thus suffered loss and damage. After the settlement of pleadings, the respondent as plaintiff at the trial called 4 witnesses while the appellant called one witness to close its case. In its judgment delivered on 2/10/2003, the court below upheld the respondent’s claim that…