Chukwudi Unachukwu V. Mr Joseph Ajuzie & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

CLARA BATA OGUNBIYI, J.C.A.

This is an appeal against the considered ruling of the Honorable Justice B.B Aliyu of the Federal High Court Lagos delivered on the 28th October, 2003. For a better and clearer understanding of the facts giving rise to this appeal the historical background and succinct general overview of the case would be necessary. Tacitly the appellant herein is a trader who deals in used cars, trucks and buses at mat and Jonas motors Limited site D.I. United Berger Motor Dealers Association, Oshodi /Apapa expressways, Berger Bus stop Lagos.

The 1st respondent is also a trader who deals in Foams, and trades under the name and style of Joe trade Nigeria Enterprise, and is a distributor with Mouka Limited.

The 2nd respondents are officers of the Nigeria police under the direct command and supervision of the 5th respondent herein.

On or about 29th November, 2002 the Appellant had in his custody a Mercedes Truck 814, imported by one Johnson Isiaka of no 142. Adetola street Aguda Surulere with instruction to sell same to any buyer on his behalf.

On the aforesaid 29th November, 2002, the 1st respondent in company of one Nnamdi Nnadi (a.k.a Nadeco) who also is a trader in the Berger site, approached the Appellant to negotiate for the purchase of the said Mercedes Truck 814 and they agreed on the price of N900,000 (Nine Hundred Thousand Naira Only).

The 1st respondent also informed the Appellant that the condition for the payment was that the truck should be driven to Mouka Limited factory site at Ikeja, where the managing director of Mouka was to inspect same to ensure its condition before making payments.

The Appellant refused to accept this condition, because it was contrary to the method of purchasing a truck wherein payments are first received before the used truck is driven out of the park. This is in the event the transaction eventually fails.

That the Appellant initially refused this condition but later grudgingly gave in after much persuasion from Nnamdi Nnadi and further assurances from the said 1st respondent on his further undertaking that, if the Appellant allowed the vehicle to be moved to Mouka Limited premises, they would immediately pay the purchase price.

That the 1st respondent consequently, took the Appellant and the afore said Nnamdi Nnadi to Mouka Limited factory Ikeja, but before the vehicle was removed the 1st Respondent agreed to make a non- refundable deposit of N100,000 (One Hundred Thousand Naira) where in, the parties entered into an agreement. See page 8 of the Record of Appeal.

On arrival at the aforesaid Mouka Limited factory at Ikeja, the 1st Respondent inflated the purchase price to N1,000,000 (One Million Naira).

The Managing Director and the 1st Respondent therefore requested that the Appellant took the said vehicle to their factory for purpose of inspection by them, through their mechanics. That in response, the Appellant again objected but was persuaded by the 1st Respondent to allow the inspection of the vehicle. As a result therefore a further clause was added to the aforesaid agreement, that the 1st Respondent shall pay the outstanding balance of N800,000 (Eight Hundred Thousand Naira ) on or before the 9th of December, 2002 and that” failure to pay on the agreed date, the amount deposited will be forfeited.” The 1st Respondent accordingly appended his signature to the agreement.

That the Appellant went to meet the 1st Respondent at the factory where the latter for the first time informed the former that he was not ready to pay the outstanding balance unless the Appellant was ready to deduct the sum of N50,000 (Fifty Thousand Naira). Upon refusal by the appellant to effect deduction, the 1st Respondent also refused to pay the remaining purchase price and asked the Appellant to take back his vehicle.

That consequent upon, the 1st Respondent requested to be refunded the N100,000(One Hundred Thousand Naira) non-refundable deposit but that Nnamdi and the Appellant urged him to come to Berger site so as to resolve the matter. The said 1st Respondent did not show up again until 8th August, 2003,when in company of two armed police men, the 1st Respondent was alleged to have arrested the Appellant and forcefully removed him to Area ‘F’ Ikeja ,where the Appellant was said to be detained for (2) two consecutive days without bail or food and severely tortured by the 2nd respondent at the instance of the 1st respondent.