Dr. Thompson Ndubuisi Obarezi V. Chief. Osita Ilozor & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NWALI SYLVESTER NGWUTA J.C.A (Delivering the Leading judgment)

In the High Court of Cross River State, Obubra Judicial Division the plaintiff, now Respondent, claimed against the defendants now appellants jointly and severally as follows:

1. A declaration that the plaintiff is the owner of all the motor vehicle with registration number Cross River AA606 KTA end entitled to its possession and use.
2. A declaration that the seizure detention and use of the said vehicle by the defendants is illegal and an infringement of the plaintiff’s proprietary rights
3. N1,050.000.00 (one million, fifty thousand Naira) being special damages
4. N1,000.000.00 being general damages for define.

See page 5(A) of the records.

The 2nd Defendant’s name was struck out based on his counsel’s preliminary objection in the trial court. The plaintiff’s appeal to the court was allowed and the name of the 2nd defendant restored.

The trial commenced and proceeded to conclusion. It its judgment the trial court held as follows:

“In the result, hereby enter Judgment in favour of the plaintiff and against the defendants jointly and severally as follows:

1. A declaration that the plaintiff was at all times material in this suit the owner of all that motor vehicle with registration number Cross River State AA606 KTA.
2. A declaration that the seizure, detention and use of the said vehicle by the defendant is illegal and an infringement of the plaintiffs proprietary rights over the vehicle.
3. The sum of N1,050.000.00 (one million fifty thousand Naira) only being general damages for detinue. The defts shall also pay interest on the judgment debt at the court’s rate of 10% per annum from today until the judgment debt is fully liquidated I make no order as to costs.”

See page 91 of the records.

Aggrieved by the judgment the 2nd defendant appealed on three grounds. By order of this court granted on 18/10/2009 – the appellant filed an amended notice of appeal containing six grounds, from which learned counsel for the appellant distilled the following six issues for determination by the court.

“A. Whether the (sic) was a privity of contract between the appellant and the respondent.

B. Whether the appellant is liable in detinue to the respondent as held by the court.

C Whether the necessary parties were before the court.

D. Whether the weight of evidence was in favour of the appellant

E. Whether the trial Judge was right to hold that Exhibit K was fraudulently made.”

On his part learned counsel for the respondent framed these three