Alao Amos V. Photo Palace Limited (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in the appeal filed by the appellant, Alao Amos Olusayo, against the judgment of Abbas J of Sokoto High Court of Justice delivered on 27/2/2009 in suit No SS/32/2006.

The plaintiff at the lower court (who is now the Respondent) claimed as follows:

“CLAIM: The plaintiff’s claim against the defendant as follows:

1. The sum of N646,000.00 only being the sum due and owing by the defendant on a hire purchase agreement between them.
2. The sum of N10,491,183.49 being the sum money due and owing by the defendant on a hire purchase scheme between from 1st October 2003 and 30th November 2005.
3. Interest rate of 32% per annum on N646,000.00 from 23rd June, 2006 till judgment.
4. And interest rate of 32% per annum on N10,491,183.49 from 30th November 2005 till judgment.”

The defendant filed a statement of defense to the claim and also counter-claim as per paragraph 17 of the statement of Defense thus;

“WHEREOF the Defendant claims;

a) AN ORDER dismissing the claims of the plaintiff as contained in the statement of claim secretion and intoto.

b) The sum of N8,715,361.00 (eight million, seven hundred and fifteen thousand and three hundred and sixty one Naira only) made up as follows:

i. Deposit on resignation – N330,000.00.

ii. Sale of Generator to Yusuf Jega – N330,000.00 on 2/6/2006.

iii. Overpayment through bank – N7,305,361.00 as at 31/5/2006.

iv. Lost custom between July 19 – August 2, 2006 – N750,000.00.

c) The sum of fifty thousand Naira per day beginning from the 3rd day of August, 2006 until this suit is determined.

d) The cost of this defense and the action