JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of G. G. Ezekwe, J., of the Federal High Court, sitting at Uyo in Suit No. FHC/CA/M 1/93 delivered on 7/5/96.
The gist of this case on appeal is that sometimes ago, the Utuks Construction and Marketing Company Ltd. ran into lean times. To keep a float it sold off three 30 tonnes Fiat Tipper bucket to the 2nd respondent, Traman Nigeria Ltd. Instead of giving the tipper buckets to the 2nd Respondent company sold the to other person. The 2nd respondent consequent sued for the return of the items in suit NO. HU/112/92. Judgment was entered in favour of the 2nd respondent. The Court in its judgment ordered the 1st respondent to return the three No. 30 tonnes fiat tipper buckets to the 2nd respondent. Unable to comply with the orders of the court, the 2nd respondent brought an application for the payment of the money equivalent of the items. The application was granted by the court and it was order…