Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OJINI
V.
OGO OLUWA MOTORS NIGERIA LTD.

(1998) JELR 45115 (SC)    

Supreme Court  ·  SC.158/1991 ·  8 Jan 1998 ·  Nigeria
 · 
Other Citations
Ojini v. Ogo Oluwa Motors (Nig.) Ltd (1998) 1 NWLR (Pt.534) 353 (1998) 1-2 S.C 1
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

OGWUEGBU, JSC (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Enugu Division delivered on 8th December, 1989 reducing to ₦15,000.00 the sum of ₦64,000.00 special damages awarded in favour of the plaintiff by the learned trial judge.

The facts of the case are that the plaintiff who was a transporter bought on hire purchase, a Peugeot Saloon Car Registration No.I M 6593 L from the defendant's agent Mr. Titus Ogbara trading in the name and style of Doherty Motors and Co. (Nig.) The plaintiff paid a deposit of ₦3,000.00 with promise to liquidate the balance of ₦6,600.00 in ten equal monthly installments. The plaintiff used the car as a taxi and made a daily income of ₦80.00. The installments were paid as and when due and the last installment being on 18th August, 1980. On or about 25th August, 1980, at Ediba in the Cross River State, the defendant seized and took away the said car. By reason of the said seizure, the plaintiff alleged that he…

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