Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLOJE
V.
ALAWO

(2003) JELR 44916 (CA)    

Court of Appeal  ·  CA/IL/36/2001 ·  14 Apr 2003 ·  Nigeria
CORAM
SYLVANUS ADIEWERE NSOFOR JCA PATRICK IBE AMAIZU JCA WALTER SAMUEL NKANU ONNOGHEN JCA

Ratio Decidendi

Core Terms Beta
motion
order
respondent
lower court
affidavit
learned trial judge
counter affidavit
learned counsel
counsel
additional affidavit
counter-affidavit
preliminary objection
registration number kw
use of the counter affidavit
grounds of appeal
kwara state high court
chief odeyemi of counsel
determination of this case
following cases
view of the learned counsel
brief of argument
circumstances of this case
following reliefs
honourable court
notice of appeal
order of court
provisions of section
trial court
above definitions
appellant file
appellant's counsel
case file
exercise of the discretion of the learned trial judge
grant of a mandatory injunction
high courts
ilorin division of the court
important thing
interlocutory decision of the lower court
loss of use of his vehicle
notice of the appellant
release of vehicle no. kw
said action
said vehicle
submission of the learned counsel
such further order
undenied facts
virtue of the leave

PATRICK IBE AMAIZU J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Adebara J., of the Kwara State High Court, sitting, at the Ilorin Division of the Court. The ruling was delivered on the 20th day of Match, 2001.

The plaintiff, now the respondent, brought an action against the defendant, now the appellant, and a company known as Crown Flour Mills Ltd. In the said action, the respondent claimed against the appellant and the Crown Flour Mills Ltd. jointly and severally as follows -

"(a) A sum of ₦3,970,000 (three million, nine hundred and seventy thousand naira only) for the loss of use of his vehicle at the rate of ₦10,000.00 (Ten thousand Naira) per day with the exception of Sundays from 8th day of August, 1998, when his Bedford Lorry with registration number KW 7296 AC was unlawfully seized by the defendants herein till 15th day of November, 1999 and a subsequent sum of ₦10,000 (Ten thousand Naira) per day until the said vehicle is released to the pl…

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