(1998) JELR 45622 (CA)    

Court of Appeal  ·  CA/J/139/91 ·  10 Dec 1998 ·  Nigeria
Other Citations
Tsokwa Motors (Nig.) Ltd, v. Awoniyi (1999) 1 NWLR (Pt. 586) 199
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial judge
learned trial judge
trial court
evidence act
list of missing items
list of the items
list of the missing items
totality of the evidence
favour of the plaintiff
credible evidence
first issue
missing items
proper construction of exhibit
appellate court
company of some high court staff
copy of the 1st list
copy of the lead judgment
determination of the appeal
facts of the case
final analysis
following authorities
following sentence
high court of justice of adamawa state
judgment of the trial court
leading judgment
learned trial judge abba j.
lender copy of first list
motor company
oral evidence
plaintiff claims
probative value
said exhibit
second issue
see ojiako v
single issue
supreme court
time lapse
trial of the case
value of the missing items
yola high court

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…

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