Anayo Awazie V. Onyebuchi Okoroafor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK OZIAKPONO OHO, J.C.A.(Delivering the Leading Judgment)

In Suit No: HU/273/2007, the Plaintiffs Statement of Claim at paragraphs 12 (a), (b), (c), (d) and (e) was endorsed with the Plaintiffs Claims as follows: The Plaintiff has suffered damage and loss as a result of the conduct of the Defendant, wherefore the Plaintiff claims against the Defendant as follows:

a. A Declaration that the plaintiff being the original purchaser, or having an investment in or being in any other way related to Mack Truck Vehicle No. XG 403 ABJ before the defendant rendered him financial assistance in respect of the vehicle has an interest in the said vehicle which the Court can protect.

b. A Declaration that the defendant cannot dispose of, repair, appropriate the vehicle to himself alone or in any other way tamper with the vehicle without the knowledge, consent, participation and concurrence of the Plaintiff.

c. An Order of Court mandating the defendant to return to the plaintiff, his two passport photographs and disclose to the plaintiff the whereabout of the vehicle.

d. An Order of Court mandating the defendant to

disclose to the plaintiff the where about of the vehicle or who he sold same to and disclose to the plaintiff receipts or other documents of sale and to pay over to the plaintiff one half or other sum as may be adjudged by the Court from the money realized from the sale or use of the vehicle.

e. The sum of ten million (N10,000,000.00) Naira representing the present value or any part of ?it as may be adjudged by the Court to be due to the Plaintiff or to satisfy his interest or investment in the vehicle as special and general damages against the defendant for his dealings or tampering with the vehicle without the knowledge, consent participation and concurrence of the plaintiff.

?Pleadings were ordered and duly filed by both parties. The facts of the case as disclosed by the pleadings may be summarized from the view of the Respondent as follow:

?The Respondent as claimant before the Lower Court was said to have identified, negotiated the purchase price and paid the sum of Four Hundred Thousand (N400,000.00) Naira out of a total sum of One Million (N1,000,000.00) Naira agreed upon as purchase price for a Mark Truck Vehicle at Port Harcourt,

Rivers State. The receipt issued for the said sum of N400,000.00 by the vendor was tendered in the course of trial at the Lower Court as Exhibit A. (See page 87 of the records of proceedings). When it became obvious that the Respondent could not come up with the remainder and balance of N600,000.00, he was introduced to the Appellant by the PW2, one Ndukwe Onuoha, a Civil Servant at No. 1 Okigwe Road, Umuahia, Abia State.

The purpose was to have the Appellant, raise and pay the said sum of N600,000.00 which was outstanding and which needed to be paid to the vendor of the said Mark Truck Vehicle on the condition that same will be repaid by weekly instalments with interests commencing from when the Vehicle will be put into use.

?In the course of trial at the Lower Court, the Respondent as Plaintiff tendered copies of the vehicle documents issued to him by the vendors as Exhibits B, C, D while Exhibit E represents a list of expenditures made by both parties on the vehicle to ensure its road worthiness and to put same on the road. When the vehicle was ready for use, the Appellant was said to have refused to release the vehicle to the Respondent unless the

Respondent deposited three (3) passport photographs for purposes of drawing up an agreement between the parties. But that rather than draw up an agreement as was expected, for the refund of money on instalments and on the basis of the payment of interests, the Appellant was said to have produced a document which turned out to be a Hire-Purchase Agreement and threatened not to allow the Respondent the use of the said Vehicle unless and until the Respondent signed the document.