(1971) JELR 45981 (SC)    

Supreme Court  ·  SC.223/1966 ·  12 Mar 1971 ·  Nigeria
Other Citations
(1971) All N.L.R 104
IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
hire-purchase agreement
hire purchase agreement
mr. atilade
chief williams
guineas costs
amended statement of defence
chief williams submission
federal government of nigeria
general damages
plaintiff claims
possession of the goods
purchase price
said car
statement of defence
action of detinue
balance of the said purchase price
currency of this agreement
detinue of a car austin cambridge lh
federal government
hirer fail
initial installment of rent
integral part of the goods
lagos high court
legal process
limited company
non-payment of the required instalments
notice retake possession of the goods
owner receipts
part of the goods.the hirer
property of the owner
reasonable grounds
reason of default of installmental payment
renewals of component parts
return of the said car
separate contract of guarantee
special power
such case
such payments
terminated hire purchase agreement
term of this agreement
voluntary liquidation

LEWIS, J.S.C. (Delivering the Leading Judgment): In suit LD/382/67 in the Lagos High Court the plaintiff's writ read:

"The plaintiff claims from the defendant the sum of seven hundred and fifty pounds (750) being general damages for detinue of a car Austin Cambridge LH. 6645 sold to the plaintiff under a hire purchase agreement or the return of the said car. The said car was seized by the defendant by reason of default of installmental payment by the plaintiff but before its sale the plaintiff's surety the Federal Government had paid to the defendant the full balance outstanding on the purchase price. Inspite of the fact that the balance of the said purchase price had been completely paid by the said plaintiff's surety the defendant purported to sell the said car at undervalue.

WHEREOF the plaintiff claims as stated above."

On the 26th April, 1968, judgment was given in his favour for 400 general damages and 55 guineas costs.

The first point taken on this appeal by Chief Williams for…

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