NAKYAUTA V.THOMAS
V.

(1975) JELR 46217 (SC)    

Supreme Court  ·  SC.103/1975 ·  21 May 1975 ·  Nigeria
 · 
Other Citations
NAKYAUTA v. MAIKINA (1975) 5 S.C. (REPRINT) 48
CORAM
GEORGE B.A. COKER Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
auctioneer
2nd defendant
defendants
kano
evidence
high court
learned trial judge
senior bailiff
writ
22nd day of september
airport road
case
full responsibility
movable property
principal
aforesaid 22nd day of september
appeal
appeal fails
argument of any substance
cement blocks of various sizes
clear findings of the learned trial judge
common purpose
course of his business
doubt stems
findings of the learned trial judge
following claims
following findings of fact
g. b. a. coker
general damages
general public
hesitation
instruction of the senior bailiff
judgment of the high court
jurisdiction of this honourable court
lawful possession
leading judgment
possession of plaintiff
quantity of sharp sand
respect of movable properties
said goods
sale of plaintiff
sale of the movable properties of the plaintiff
simple issues of fact
spot of the plaintiff
true owner
unlawful acts

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment):The appellant herein has appealed against the judgment of the High Court, Kano, dismissing his case against the two defendants who are the present respondents. In the High Court, Kano, his writ against the defendants has been endorsed with the following claims:-

"(1) A declaration of the court that the defendants' seizure and sale of plaintiff's movable property at N0. 30A Airport Road, Kano, on the 22nd day of September, 1969, were unlawful acts.

(2) The sum of 48,713:7/- being special and general damages for TREPASS TO GOODS, in that the defendants on the aforesaid 22nd day of September, 1969, at No. 30 A Airport Road, Kano, within the jurisdiction of this honourable court, acting jointly with a common purpose but without any justification whatsoever, drove away plaintiff's guards detailed to keep watch over the said goods in his lawful possession thereof, and thereon seized them, that is to say, defendants at the same time an…

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