JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Popoola, J. on 31st March, 1998 while sitting at the High Court of Justice, Ilaro in Ogun State of Nigeria. Therein, the Plaintiff was awarded a total sum of N367,500 as damages against the defendants while the 2nd defendant's counter-claim was dismissed in its entirety.
On 8th March, 2007 when this appeal fell due for hearing, the appellants, who were duly served, failed to show up in court. As well, they were not represented by counsel. Since briefs of argument were filed by the parties, the appeal was deemed as argued vide Order 6 Rule 9(5) Court of Appeal Rules, 2002.
As manifest in paragraph 29 of the amended statement of claim, the plaintiff's claims read as follows:
"(a) An order for the delivery up by the defendants to the plaintiff of the plaintiff's Mitsubishi Gallant Car Registration No. OG 4062 YA with its original particulars; wrongly detained by the 1st de…