(2009) JELR 44097 (SC)    

Supreme Court  ·  SC.153/2002 ·  22 May 2009 ·  Nigeria
Other Citations
H.S Engr. Ltd. v. SA. Yakubu (Nig.) Ltd. (2009) 10 NWLR (Pt. 1149) 416 S.C.
H.S. Engr. Ltd. v. S.A. Yakubu (Nig.) Ltd. (2009) 10 NWLR (Pt. 1149) 416
DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
cause of action
reasonable cause of action
learned justices of the court of appeal
said items of machinery
laws of lagos state
limitation law cap
trial court
civil procedure
high court of lagos state
issue of the writ
respectful view
said suit
specific dates
support of this action
above issue
action of the plaintiff
contract of the parties
decision of the trial court
facts of this case
following terms
grounds of appeal
high court of lagos
i. f. ogbuagu
interlocutory appeal
judgment of the court of appeal
lagos division
leading judgment
leading learned counsel
loss of use of the said mixer
mr. oshin
obligation of the defendant
payment of n2
reason of the statute of limitation
relevant issues
return of the equipment
said judgment
suit no. ld
sum of n750
wrongful conversion of its concrete mixer

I. F. OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is another Interlocutory appeal against the Judgment of the Court of Appeal, Lagos Division (hereinafter called "the court below") delivered on 29th April, 2002, dismissing the appeal to it by the Appellant. Dissatisfied with the said Judgment, the Appellant, has further appealed to this Court on, three Grounds of Appeal. Without their particulars, they read as follows:

(1) The learned Justices of the Court of Appeal erred in law when they held as follows:

"......In paragraph 9 of the Statement of Claim, it was pleaded that the deposit paid to the defendant was made in three installments the last of which was made on 21/10/86.

It is manifest therefore that by the contract of the parties themselves, the obligation of the defendant to commence repair work and to return the equipment to the plaintiff would only mature subsequent to 21/10/86 when the last installment of the deposit was made. The conversion, if any, of plainti…

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