Abiodun Joseph V. Fajemilehin O. O. & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice, Ado-Ekiti, Ekiti-State delivered on the 21st of June, 2011.

The appeal emanated from suits No. HAD/43/2006 and HAD/44/2006 which were consolidated at the lower court.

The 2nd Respondent who was the 1st Plaintiff at the Lower Court and her statement of claim in suit number HAD/43/2006 dated and filed the same day claimed against the Appellant as follows:

(a) A declaration that the seizure by the Defendant of the Plaintiff Mazda Car with registration no. AE 276 GED is unlawful, illegal and without any legal basis.

(b) An order directing the Defendant to release to the Plaintiff the said Mazda Car with registration no. AE 276 GED which was (sic) unlawfully seized by the Defendant.

(c) Payment of N2.5million only for general and special damages made up as follows:

Special Damages

i. N20,800.00k being money spent to and from Plaintiff’s house to her working place from 3/4/2006 -24/5/2006.

ii. N400 per day from 25/5/2006 till possession of the car is restored to the Plaintiff.

General Damages

i. N1.2 Million for unlawful seizure and detinue of the Plaintiff’s car.

ii. N829,200.00k for denying the plaintiff the use of the car.

iii. N100,000.00k for inconvenience caused to the Plaintiff which she suffered anytime she joined public transport to her place of business and any other places plaintiff wishes to go.