(2002) JELR 44734 (CA)    

Court of Appeal  ·  CA/IL/24/2001 ·  24 Apr 2002 ·  Nigeria
Other Citations
Salandeen v. Oladele [2003]3 NWLR (Pt.806)pg. 29
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria PATRICKIBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
hire purchase agreement
1st defendant
learned trial judge
lower court
provisions of section
grounds of appeal
leading judgment
court action
hire purchase amendment act
act of the company
agent of the defendants
hire purchase control card
intendment of the legislature
lead judgment
leave of the lower court
particulars of the error
said vehicle
supreme court
view of the learned counsel
1st defendant file
brother of plaintiff
case of comex ltd. v
common ground
competence of the grounds of appeal
copy of the hire purchase agreement
defendants of a hire purchase agreement
evidence of the plaintiff
following conditions
following reliefs
general damages
ilorin judicial division of the kwara state high court
inter alia
issue of facts
issue of the vehicle
joint statement of defence counter
notice of a preliminary objection
order of the court
rate of n200.00
reply brief
sum of n58,925
taiye oshoboja
view of olatunde esq

AMAIZU, J.C.A. (Delivering the Leading Judgment): In this suit which commenced in Ilorin Judicial Division of the Kwara State High Court, the plaintiff claimed against the defendants the following reliefs,

(1) A declaration that the seizure of the Toyota Ace Bus Registration No. XA 122 KAB (formerly KW 9813 AD) on 20th December, 1999 by the agent of the defendants from the plaintiff is wrongful, illegal and a breach of contract.

(2) An order of the court directing the defendants to pay over to the plaintiff the sum of N 195,000.00 (one hundred and ninety five thousand naira) being the deposit and the instalments paid on the said vehicle arising out of a breach by the defendants of a hire purchase agreement entered into by the plaintiff and the defendants on 4th March, 1997 in respect of the said Toyota Lite Ace Bus.

(3) The sum of N58,925 (fifty eight thousand, nine hundred and twenty five naira) being the cost of repairs and maintenance incurred by the plaintiff on the said vehicle. …

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