Customer Support

YAKASSAI
V.
MESSRS INCAR MOTORS NIGERIA LTD

(1975) JELR 33948 (SC)

Supreme Court 21 May 1975 Nigeria
BriefBot icon

BriefBot Summary

Free

- This case involves a dispute over the detention and conversion of a Fiat Lorry and a Trailer by the defendants. - The plaintiff claimed for the return of the vehicles or their value, as well as damages for detention. - The trial judge con

Case Details

Suit Number:SC.443/74
Judges:GEORGE BAPTIST AYODOLA COKER JSC DANIEL O. IBEKWE JSC AYO GABRIEL IRIKEFE JSC
Counsel:Mr. E. Lewis Thomas For the Appellant; Mr. J.B. Majiyagbe For the Respondent.
Other Citations:(1975) 1 All N.L.R 287 Yakassai v. Incar Motors (Nig) Ltd (1975) 5 S.C. 95

D. O. IBEKWE, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of Wali, Ag. J., as he then was. The plaintiff's claims in the court below are as follows :

"The defendants detain and have refused to deliver to the Plaintiff the Plaintiff's goods, that is to say Fiat Lorry Registration No. KN. 1975 and a Trailer Registration No. KN 2389 and the defendants hereby converted the same to his own use and wrongly deprived the Plaintiff of the said goods.

Wherefore the Plaintiff claims :

(1)The return of the said vehicles or their value being

5,000 : 12 : 4d

(2) Damages for detention of the said vehicles limited to

3,000: 0: 0d

8,000: 12: 4d

Pleadings were ordered and filed. At the trial, the plaintiff called two witnesses in support of his claim. The defendants called four witnesses, but no Hire Purchase Agreement was admitted in evidence.

It is relevant to observe here that at the close of the case for the parties, the learned trial judge granted a curious appli…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.