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NACENN NIGERIA LTD.
V.
BEWAC AUTOMATIVE PRODUCERS LTD.

(2011) JELR 42644 (SC)

Supreme Court 13 May 2011 Nigeria
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- The dispute concerned a claim in detinue for the value and loss of use of two tipper truck engines left with the respondent for repairs; the appellant sought the cost of "replacement engines," insurance, freight, charges, and consequentia

Case Details

Suit Number:SC.47/2005
Judges:DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Counsel:A.C. Anaenugwu;V.I. P. Ozumba. For Appellant G. E. Ezeubo;G. I. Ezeutko For Respondent

M. S. MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff in its further amended Statement of Claim dated 1/2/96 claimed against the respondent as the defendant as follows:-

"WHEREFORE the plaintiff claims from the defendant as follows:-

i. Replacement Engine for AN 7322 EB N590,241.21

ii. Replacement Engine for AN 6619 EB N590,241.21

iii. Insurance costs for AN 6619 EB N1,457.77

iv. Insurance costs for AN 6619 EB N1,457.77

v. Freight duty and clearing charges for

replacement Engine for AN 7322 EB N68,033.49

vi. Freight duty and clearing charges

for AN 6619 EB N68,033.49

N1,319,464.94

B. Loss of use/earnings at the rate of N1,600.00 for two tippers, counting from 23/4/91 up to and including 31st March, 1992; N2,600 per day from 1st day of April, 1992 up to and including 31st day of December, 1994 and from the 1st of January, 1995, at the rate of N9,000.00 per day until the judgment is delivered in this suit and until the judgment debt is liquidated…

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