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ONAMADE
V.
A.C.B LTD

(1997) JELR 45519 (SC)

Supreme Court 17 Jan 1997 Nigeria
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- The plaintiffs filed a lawsuit against the defendant, seeking the release of certain documents and damages for their wrongful detention. - The plaintiffs had obtained a loan from the defendant, secured by a mortgage on their property. - T

Case Details

Suit Number:SC.199/1990
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Appellants absent and unrepresented For Appellant R. U. Afangide, Esq. For Respondent
Other Citations:Onamade v A.C.B Ltd (1997) 1 NWLR (Pt.480)123

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued on the 22nd day of May, 1986, the plaintiffs, who are appellants herein, instituted an action against the defendant, who is now respondent, at the High Court of Justice, Oyo State claiming as follows -

"1. The plaintiffs' claim is against the defendant for an order directing the defendant to release

(a) The 1st plaintiff's deed of title to the 2nd plaintiff.

(b) Document acknowledging the receipt of the sum of ₦29,912.53 (Twenty-nine thousand, nine hundred and twelve naira, fifty-three kobo) to the 2nd plaintiff duly executed.

2. The plaintiffs also claim against the defendant the sum of ₦50,000.00 (Fifty thousand naira) being special and general damages for the wrongful detention of or refusal to surrender the said documents.

3. The plaintiffs also claim ₦500.00 (Five hundred naira) per day from date of writ until documents are released."

The facts of this case are not very much in dispute. In 1977, …

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