Alhaji Shuaibu Abdulkarim V. Incar (Nigeria) Ltd. (1992)

LawGlobal-Hub Lead Judgment Report

L. UWAIS, J.S.C.

In his writ of summons, the appellant, as plaintiff, claimed against the respondent, as defendant, in the High Court of Kano State as follows:

“(1) Delivery up of the said two lorry vehicles numbers KNF 3652 and KNF 4741 or the total sum of N400.000 (their current market value).

(2) Damages for their wrongful detention at the rate of N9,000.00 per month, from October, 1984 (the date of the Supreme Court judgment) till delivery is made or cost of vehicle paid to the plaintiff.

(3) Other consequential relief as the Court may deem fit to make.”

The writ of summons was taken out on the 14th day of July. 1987. Before Statement of Claim was filed by the plaintiff, the defendant brought an application on the 21st day of August, 1987 praying thus:

“(a) An Order that the Writ of Summons herein dated 21st day of July, 1987 (sic) be struck out on the grounds that:

(i) it discloses no reasonable cause of action, and

(ii) it is an abuse of the process of the Court and,

(iii) if there is a cause of action, the same is statute barred.

(b) An Order that the action be dismissed.

FURTHER TAKE NOTICE that at the hearing of this application, Counsel will use and rely on the contents of the affidavit of Pius Okoko attached to this Motion.

This application is made under Order 2 Rule 2 of the Rules of the Supreme Court 1976 England and/or Order 10 Rule 20 of the Kano State High Court (Civil Procedure) Rules 1976.”

The affidavit in support of the application reads in part as follows:-