Alhaji M. Salaudeen & Anor V. Mr. Samuel Oladele (2002)

LawGlobal-Hub Lead Judgment Report

AMAIZU, J.C.A. 

In this suit which commenced in Ilorin Judicial Division of the Kwara State High Court, the plaintiff claimed against the defendants the following reliefs,

(1) A declaration that the seizure of the Toyota Ace Bus Registration No. XA 122 KAB (formerly KW 9813 AD) on 20th December, 1999 by the agent of the defendants from the plaintiff is wrongful, illegal and a breach of contract.

(2) An order of the court directing the defendants to pay over to the plaintiff the sum of N 195,000.00 (one hundred and ninety five thousand naira) being the deposit and the instalments paid on the said vehicle arising out of a breach by the defendants of a hire purchase agreement entered into by the plaintiff and the defendants on 4th March, 1997 in respect of the said Toyota Lite Ace Bus.

(3) The sum of N58,925 (fifty eight thousand, nine hundred and twenty five naira) being the cost of repairs and maintenance incurred by the plaintiff on the said vehicle.

(4) Loss of earnings at the rate of N200.00 per day from the 21st day of December, 1999 until judgment is delivered.

Pleadings were duly filed and exchanged by the parties. The defendants in their joint statement of defence counter-claimed as follows:

(1) Amount due on the vehincle – N65,060

(2) Ilorin – Ado Ekiti by the agent and the apprentice 2,500

(3) Ilorin – Abuja by agent and apprentice 5,000

(4) Ilorin – Lagos by agent and brother of plaintiff 5,000

(5) Seizers fees – 5,000

Total N82,560

General damages – 50,210