Spasco Vehicle And Plant Hire Co. Ltd. V. Alraine (Nigeria) Limited (1995)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

In the Ikeja judicial Division of the High Court of Lagos State, the plaintiff, who is now appellant, instituted an action against the respondent, who therein was the defendant, claiming as follows:-

“(i) The sum of N1,476,000.00 (One million four hundred and seventy six thousand Naira) being the cost of hire of one Coles LH 1000-110 Ton Crane by defendant from the plaintiff between 12th October, 1983 and 31st August, 1985, (492 days), at the rate of N3,000 (three thousand naira) per day, (8 hour day/5 day week, at N375.00 per hour).

(ii) For the return of the plaintiff’s Coles LH 100 – 110 Ton Crane unlawfully detained and still being detained by the defendant from the plaintiff from 1st October, 1985, despite repeated demands for the return of same.

(iii) For special and general damages for the unlawful detention of the said Coles LH 1000 – 110 Ton Crane from 1st September, 1985.

(iv) For any other order/orders as this Honourable Court may deem fit to make in the circumstance.

Particulars of Damage

1. Special Damages 50,000.00

(a) Value of the Crane

(b) Loss of use of the crane from 1st September,

1985, to 15th November, 1985 (55 days) at the rate of

N3,000 per day (8 hour day/5 day week at N375 per hour) 10,000.00

2. General Damages

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25,000.00

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