Alhaji Ahmadu Gari V. Seirafina Nigeria Limited & Anor (2007)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ABA, J.C.A.

This is an appeal and a cross appeal against part of the judgment of the Kaduna State High Court in suit No.KDH/KAD/705/2002, holden at the Kaduna State Judicial Division delivered on the 28th day of May, 2004, by J.S. Abiriyi, J, of the Kaduna State High Court.

The respondents/cross-appellants as plaintiffs at the High Court of Justice, Kaduna State, instituted an action by an endorsed writ of summons dated 2/10/2002, claimed various reliefs against the appellant/cross-respondent, including the sum of N5,000,000.00 general damages. The respondents/cross-appellants’, subsequently filed their statement of claim dated and filed on 29th day of October, 2002 and claimed as per paragraph 28(7) of the statement of claim as follows:

“WHEREOF the Plaintiff’s claim against the Defendant:

1. A Declaration that the unilateral seizure and detinue of an IVECO Tanker with Registration NO:AH 242 KAF owned and used by the Plaintiff’s in its business of lifting and transporting petroleum products form the NUPENG Union offices at the NNPC Depot, Kaduna by the Defendant on 05/08/2002 without Plaintiff’s knowledge and consent is illegal and constitutes a trespass to the Plaintiffs’ right to property.
2. A Declaration that the aforesaid unilateral seizure and detinue of the said IVECO Tanker with Reg. NO:AH 242 KAF by the Defendant has estopped the Plaintiffs from carrying out their lawful business of lifting and transporting petroleum products and has therefore caused the Plaintiff grave economic losses and well as loss of business reputation.
3. A Declaration that the Plaintiff having paid N1,320.000.00 out of the agreed purchase price of N1,750,000.00 for the said IVECO Truck Head and the agreed time frame of one year for the payment of the balance not having elapsed, have validly acquired an equitable title to the said truck head.
4. An order compelling the Defendant to issue the Plaintiffs a receipt, acknowledging the sum of N1,320,000.00 only paid so far out of the agreed N1,750,000.00 and to release the original particulars of the, said vehicle to the Plaintiffs.
5. An Order of perpetual Injunction restraining the Defendant, his agents, privies or servants whomsoever from re-seizing, impounding tampering with and or hampering the Plaintiffs’ use of the said IVECO Truck Head for their business.
6. An Order directing the Plaintiffs to pay to the Defendant the balance sum of N430,000.00 within one year from 10/01/2002, as earlier agreed with the Defendant.
7. N5,000,000.00only as general damages for the said unlawful seizure, detinue, trespass, loss of business earnings and loss of business reputation.”

Pleadings were ordered filed and exchanged between the parties, the statement of claim is contained at pages 32 – 35 of the printed record’ while the statement of defence is at pages 36 – 40 of the printed record.

At the trial, the 2nd respondent/cross-appellant testified as PW.1 and one Nura Shehu Abubakar also testified for the respondents/cross-appellants who were the plaintiffs at pages 76 – 83 and pages 83 – 88 of the printed record respectively while four witnesses testified for the appellant/cross-respondent who was the defendant, DW.1 testified at pages 91 – 94, DW.2, at pages 94 – 99, DW.3 at pages 100 – 104 and DW.4 at pages 105 – 109 of the printed record.

At the conclusion of hearing, counsel to the parties addressed the court and in a reserved and considered judgment delivered on. 28/5/04, the learned trial Judge at pages 144 – 145 of the printed record, held:

“The plaintiff is entitled to the return of the truck and a sum of money representing the normal loss through the detention of the vehicle at the rate the vehicle would have been hired during the period of detention. See Odusomu vs. African Continental Bank Ltd. (Supra) at 439 – 440. (underline mine)

It is hereby declared that the unilateral seizure and detention of an IVECO Tanker with Registration number AH 242 KAF used by the plaintiff in the business of lifting and transporting petroleum products by the defendant on the 5th August, 2002 without the knowledge and consent of the plaintiff is illegal and has therefore caused the plaintiff grave economic loss as well as loss of business reputation.

The plaintiff having paid N1,300,000 out of the agreed sum of N1,750,000 for the said IVECO truck Head had validly acquired an equitable title to the said truck.

Defendant shall issue the plaintiff a receipt acknowledging the sum of N1,300,000 paid so far.

An order of perpetual injunction is hereby made restraining the defendant, his agents, privies or servants whomsoever from impounding, re-seizing tampering with and or tampering the plaintiff’s use of the IVECO Truck Head for their business.

Plaintiff shall pay to the defendant the balance of N450,000 (Four hundred and fifty thousand naira) only. Plaintiff is awarded N1,150,000 (One million one hundred and fifty thousand naira) only general damages for loss of business earnings during the period of detention of the vehicle .which shall be returned immediately to the plaintiff.”

Dissatisfied with the judgment of the trial court, the appellant/cross-respondent by his notice of appeal dated 14/6/2004, filed on 30/8/2004, containing four grounds of appeal appealed to this Court. With the leave of the court, grounds 1 and 2 of the original notice of appeal were amended. The two amended grounds of Appeal and grounds 3 and 4 of the original notice of appeal are with their particulars as follows: