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SOMMER & ORS.
V.
FHA

(1992) JELR 43071 (SC)

Supreme Court 24 Jan 1992 Nigeria
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- The plaintiffs/appellants claimed damages for wrongful seizure and conversion of plant, machinery, and equipment. - The plaintiffs claimed that the equipment belonged to them and was leased to the contractors of the defendant. - The defen

Case Details

Suit Number:SC.176/1986
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria BOLARINWA OYEGOKE BABALAKIN Justice of The Supreme Court of Nigeria
Counsel:Chief F. R. A. Williams, SAN (with him, O. Johnson (Miss» For Appellant O. S. Sowemino, Esq For Respondent
Other Citations:Sommer v. F.H.A. (1992) 1 NWLR (Pt. 219) 548 (1992) 1 SCNJ 73

U. OMO, J.S.C. (Delivering the Leading Judgment): The plaintiffs/appellants claimed in the High Court of Lagos the sum of N1.5 million as damages for wrongful seizure and conversion of plant, machinery and equipment, in the premises of the defendant/respondent, which they claimed to belong to them.

The case of the plaintiffs/appellants is that these plants, machineries etc, were ordered by them and leased to the contractors of the defendant/respondent in the development of the Festac Village, known as Condotte Garbodi (Nigeria) Limited. The defendant/respondent, on the other hand, contends that the aforementioned equipments were purchased from mobilization funds given by them to the said contractors: and brought on the contract site within the Festac Village, where they used them for their work. Following their failure to fully perform their contract and pursuant to agreement between them and their contractors, ownership of the assorted equipments on the site passed on to it. It is ad…

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