Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KERO & ANOR
V.
ABBORI PETROLEUM (NIG) LTD & ANOR

(2018) JELR 39143 (CA)    

Court of Appeal  ·  CA/K/526/2016 ·  13 Feb 2018 ·  Nigeria
CORAM
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellants
lower court
nwlr part
cross examination
privity of contract
commission agent
notice of demand
trial judge
litres of petroleum products
tort of detinue
2nd issue
counter claimants
learned counsel
subject matter
courts determination
custody of the 2nd defendant
favour of the respondents
litres of petrol
notice of appeal
order of perpetual injunction
para b-c
record of appeal
witness statement
1st defendant
2nd truck
action of the 1st defendant
case of the appellants
case of the respondents
credible evidence
decision of the jigawa state high court
details of the parties
following reliefs
ground of a shortage
leading judgment
oath of their witnesses
order of declaration
paras e-g
part of the document
petroleum produce
powers of the defendants
preponderance of evidence
question of jurisdiction
reg no. xa196msa
returns of n300,000
said truck
services of the respondents
special damages of n350,000
statement of defence
witness statement of dw1
written addresses of counsel

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Jigawa State High Court, delivered on the 21st day of June, 2016 by Hon. Justice Ahmad Isa Gumel, in favour of the Respondents. Dissatisfied by the decision, the Appellants appealed to this Court, by Notice of Appeal filed on 29/6/16.

The case of the Respondents, as Plaintiffs before the lower Court, is that on the 26th day of September 2013, in the course of their business, one of their trucks, Reg No XA509 GYD, conveying 40,000 litres of petrol from Lagos to the Appellants, had an accident in Ogbomosho, Oyo State. A 2nd truck, also belonging to them(Respondents) with Reg No. XA196MSA was sent to offload the petrol and convey same to the Appellants filling station. After offloading the petrol at the filling station, in Jigawa, the truck was detained on the ground of a shortage. All efforts to cause the truck to be released proved abortive.

The Respondents complained tha…

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