Alhaji Habu Akibiya V. Alhaji Sambo (1978)

LawGlobal-Hub Lead Judgment Report

ALEXANDER, C.J.N.

The respondent in this appeal was the plaintiff in an action in the High Court of the former North-Central State (now Kaduna State) in which he claimed from the respondent, who was the defendant in the action, as follows-

“(1) A declaration that the plaintiff as against the defendant is the real owner of vehicle No. KNB. 5206.

(2) Specific delivery of the said vehicle.

(3) The sum of 300 pounds (N600.00) per month from the time the vehicle was seized until judgment is given.

ALTERNATIVELY the plaintiff claims the sum of N6,000 as special and general damages for conversion” (See paragraph 19 of Statement of Claim).

In his judgment, the learned trial Judge granted to the plaintiff the declaration sought as against the defendant, ordered that the defendant should forthwith deliver the vehicle in question to the plaintiff, and awarded damages to the plaintiff amounting to N4,804.00 under item (3) of the claim. He found that the claim in the alternative could not stand and, consequently, he made no award under it.

The defendant, being dissatisfied with the decision of the High Court, appealed to this court seeking to set aside the judgment of the High Court and to have judgment entered in his favour, on the following grounds –

“(1) That the decision is unreasonable and cannot be supported having regard to the weight of evidence.

(2) The learned trial Judge erred in law in awarding special damages over and above the value of the subject matter in dispute in addition to the order to return the vehicle to the respondent where the alternative claim for damages for conversion of the said vehicle was N6,000.”

After hearing argument by learned counsel for the appellant and learned counsel for the respondent, we finally came to the inevitable conclusion that this appeal should be allowed and it was accordingly allowed. The judgment of the High Court was set aside and the plaintiff/respondent’s claim was dismissed in its entirety. The plaintiff/respondent was also ordered to pay to the defendant/appellant the costs of the appeal assessed and fixed at N300.00. We also stated that we would give our reasons later, and we now proceed to do so.

The basis of the respondent’s claim is a Leasing Agreement in respect of a motor vehicle, between a company named J. Allen and Company Limited, as lessor, and Alhaji Habu Akibiya, the appellant, and lessee. The Leasing Agreement was produced by the appellant and admitted in evidence at the trial as Exhibit 3, while its counterpart was produced by the manager of the lessor company and admitted in evidence as Exhibit 8. The term of the lease was twelve months from 1st January 1972 at a monthly rent of 184 pounds, renewable for a further term of twelve months at a monthly rent of 15 pounds, subject to certain conditions and stipulations under clause 3 of the Leasing Agreement, which contains numerous covenants, most of which were heavily weighted against the lessee.

However, it is clear from the nature of the transaction of lease, as evidence by Exhibits 3 and 8, that the lessor’s right of property in the vehicle was carefully safeguarded. In particular, clause 7 provides in part as follows –

“…if the lessee shall fail to observe or fulfil any term of this Agreement or shall do or suffer anything whatsoever which in the lessor’s opinion bona fide formed upon reasonable grounds will or may have the effect of jeopardising the lessor’s right of property in the vehicle then and in every such case the lessor may forthwith and without notice terminate the lease created hereby….”