Chief L. O. Ezeugo V. Christian Agim (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of Imo State High Court delivered on 30th day of July, 2012 by Honourable Justice NONYE OKORONKWO now J.C.A.

By his Writ of Summons issued out of the said court on 29th day of August 2011, the Appellant claimed against the Respondent as follows:-

“The Claimants claims from the Defendant as follows:-

(a) A declaration by the Honourable Court that the willful conversion by the defendant of the Claimant’s “Hyundai Bus with Registration No. AT 870 WER AND Mitsubishi Colt Saloon car with Registration No. AE908 AFR” is unlawful.

(b) An order compelling the defendant to return to the claimant’s use and possession the said Hyundai bus with Reg No. AR 870 WER and MITSUBISHI Colt car with Reg No AE 908 AFR with all the items and sum of money contained therein.

(c) N10 Million being general and special damages for the conversion of the claimant’s vehicles. N60,000 (Sixty Thousand Naira) monthly for the engaged car service until this suit is determined.”

Pleadings were exchanged and the matter proceeded to trial after which the learned trial Judge gave a considered judgment dismissing the Appellant’s Claims. In the said judgment, the learned trial Judge held thus:-

“For conversion (tort of) to succeed it must be shown that there is dealing in the chattel of the plaintiff by the defendant in a manner inconsistent with the right of the plaintiff. There seems to be a requirement of direct intentional interference with the chattel in manner that is inconsistent with the plaintiffs’ right of ownership or possession.

In this case has it been shown that there was a direct and intentional act of the defendant that resulted in the tort of conversion which is an instance of trespass? It has not been shown that there was any direct or intentional act of the defendant that resulted in the deprivation of the plaintiff of his ownership or possessory rights in his property in question.

On the facts of the case it seems to me that the defendant merely made a report to the police of a possible case of common nuisance or conduct likely to endanger peace on reasonable grounds and the police acting upon such complaint acted by removing the alleged nuisance. It was not shown that the defendant besides taking the complain procured or prodded the police into activity which activity the police would not otherwise have undertaken.

This was not demonstrated. Further on the fact, a tenant parking two unserviceable cars in a small parking space in which 8 other tenants compete for scant space is capable of prompting a complaint to the police to abate a common nuisance pursuant to Section 234 of the Criminal code.

In the final analysis, I hold that no case is made out by the plaintiff in conversion and the damages claimed are unmerited. Accordingly, the case of the claimant is dismissed with N50,000.00 (Fifty Thousand Naira) cost to defendant.”

Not satisfied with the aforesaid judgment, the Appellant filed Notice of appeal consisting of three grounds of appeal on 24th day of August, 2012. It is dated 22nd day of August, 2012. The three grounds of appeal and their particulars are as follows: