Alhaji Jimoh Ajagbe V. Layiwola Idowu (2011)

LAWGLOBAL HUB Lead Judgment Report

M. MUKHTAR, J.S.C

The plaintiff’s claims against the defendant in the High Court of Justice, Osun State, as per the writ of summons are:-

“1. The return of the Toyota Liteace Bus with registration number OS 68 GA Chasis No. 00194483 which the plaintiff bought on credit from the defendant, but which the defendant unlawfully seized from the plaintiff at Ifon-Osun on 4th December, 1992.

2. The sum of five hundred Naira (500.00) per day for loss of use of the vehicle from 4th December, 1992 till the vehicle is returned to the plaintiff.
3. The sum of fifty thousand Naira (50,000.00) being general damages for the unlawful seizure of the vehicle.”

“IN THE ALTERNATIVE TO CLAIM 1 ABOVE,

The plaintiff claims the sum of Three hundred thousand Naira (300,000.00) being the current market value of the Toyota Liteace bus with registration No. OS 68 GA Chasis No. 0019483 which the plaintiff bought on credit from the defendant, but which the defendant unlawfully seized from the plaintiff at Ifon-Osun on the 4th December, 1992.”

Briefly Put, the case of the plaintiff is that he bought a Toyota Liteace bus from the defendant on a credit – sale basis at N250,000.00, for which he made an initial payment of N20,000.00 as deposit in April 1992, and N2,000.00 in June, 1992. The plaintiff was to make monthly payments until the whole sum was liquidated and after making a total payment of N39,000.00 he could not meet up with the monthly payments.

Consequently, the defendant forcibly recovered the keys of the vehicle.

When the plaintiff took the sum of N12,000.00 to the defendant, he was told that the vehicle had already been sold to another person. According to the plaintiff, the sale was irregular, illegal and unlawful.

The case of the defendant is that the plaintiff took on hire a Toyota Liteace bus vehicle under a hire purchase agreement executed in June 1992.

The plaintiff made the initial payment of N22,000.00, and he was to make a regular monthly payment of N6,000.00 which he failed to meet. On the basis of the agreement there was an outstanding balance of N12,330.00 as at 8th November, 1992 when the plaintiff informed the defendant that the engine of the vehicle had broken down. The defendant proposed repairing the vehicle and thus increasing the monthly payment, but the plaintiff refused. On 10th December, 1992, the plaintiff’s friend one Lasisi Liasu returned the vehicle to the defendant on the instruction of the plaintiff, and as at that date there was an outstanding balance of N18,330.00 on the payments, for which demand was made vide a solicitor’s letter. The defendant effected repairs on the vehicle at a cost of N10,300.00.

The plaintiff and defendant testified in court. The learned trial judge found the plaintiff’s case proved and made the following orders in favour of the plaintiff:-

“(1) The defendant is hereby ordered to pay the plaintiff the sum of N300,000.00 (Three hundred thousand naira) being the current market value of the Toyota Liteace but with registration No. OS 68 GA Chasis No. 0019483 which the plaintiff bought on credit from the defendant, but which the defendant unlawfully seized from the plaintiff at Ifon-Osun on the 4th day of December, 1992.

(2) The defendant is hereby ordered to pay the plaintiff the sum of N293, 000.00 (Two hundred and ninety three thousand naira being for loss of use of the vehicle from 4-12-92 at N500.00 per day until today 12-7-94.

(3) The sum of N30,000.00 (Thirty thousand naira general damages) is awarded in favour of the plaintiff against the defendant.”