MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The plaintiff instituted an action in the High Court of Justice of Adamawa State holden at Yola against the defendant. His claim as contained in his statement of claim reads:-
"Whereof the plaintiff claims against the defendant the sum of fifty seven thousand four hundred and eighty six naira being estimated value of the missing items in the plaintiff's car while the same was in the defendant's custody for the purpose of repairs."
The facts of the case may be summarised as follows:-
The defendant is a motor company and carries on the business of motor repairs, among others, in Yola. Sometime in 1985, the plaintiff took his Peugeot 504 G.R. Saloon car to the defendant's workshop for repairs. The defendant failed to repair the car and also refused to allow the plaintiff to carry away his car. The plaintiff was forced to sue the defendant at the Yola High Court for the recovery of the car. Judgment was given in favour of the plaintiff a…