JOHNNY
V.
EDOJA

(2006) JELR 50937 (CA)    

Court of Appeal  ·  CA/B/8/2004 ·  13 Dec 2006 ·  Nigeria
CORAM
ZAINAB ADAMU BULKACHUWA JCA (Presided) STANLEY SHENKO ALAGOA JCA (Read the Lead Judgment) GEORGE OLADEINDE SHOREMI JCA
Core Terms Beta
respondent
undefended list
general cause list
learned trial judge
delta state
appellant’s affidavit
issues
liquidated sum
stolen car
civil procedure
sum of n575,000.00
appellant’s brief
award of interest
laws of the defunct bendel state
high court
mercedes benz
said car
suit no. w
warri high court
award of n575,000.00
cars
court of appeal
lead judgment
notice of appeal
respondent’s brief
trial judge
affidavit disclosinga defence
appellant a
appellant take notice
belgium cars
car importers
facts of this case
following facts
issues of law
learned trial judgment
magistrates’ court
mercedes benz v boot
next hearing date
notice of intention
onan allegation of the commission of a crime
purchase price of the mercedes benz v
subject matter of the plaintiff
such cars
support of claim
support of the plaintiff
terms of his claims
transfer of matters
trial court engagedin
value of purchase of the said car

ALAGOA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of K. O. Odiete-Georgemann J. sitting at the Warri High Court in Delta State in suit No. W/143/2002, James A. Johnny v. J. Johnson Edoja which was delivered on the 23rd May, 2003. The facts of this case as contained on page 1 of the appellant’s brief of argument and also adopted by the respondent as a fair presentation of what transpired culminating in this appeal are that the appellant who was the defendant at the trial court engagedin the importation andsale offairly used cars otherwise called Belgium cars. Sometime in August 2001, he sold one of such cars, a Mercedes Benz V. Boot 230 which the appellant had himself earlier purchased, complete with all importation documents from one of the car importers at the Apapa Port in Lagos to the respondent.About four or five months after the appellant sold the Mercedes Benz 230 VBoot car to the respondent, some policemen from Panti in Lagos invaded Warri , …

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