Engr. Yusuf Amuda Umoru V. Ijumu Local Government Council & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Kogi State High Court sitting at Kabba which was delivered on the 24th day of July 2006.

By Paragraph 21 of the further amended Statement of Claim, the Appellant as Plaintiff at the lower Court claimed against the Respondents jointly and severally the following reliefs:-

“(i) A declaration that the directive of the 1st Defendant to the 2nd Defendant ordering the detention of and the actual detention by the Defendants of the Plaintiff’s 130G Gat Grader in Ogidi, Ijumu Local Government Area of Kogi State where it was used to grade roads under a hire agreement between the Plaintiff and Master Concepts Nigeria Limited, is wrongful, illegal and unconstitutional.

(ii) An order that the Defendants return the Plaintiff’s 130G Gat Grader to the Plaintiff’s yard at Esomi-Checkpoint in Okene, Kogi State or to pay the Plaintiff the sum of N50,000 being the cost of transporting the grader from Ogidi to Okene

(iii) The sum of N2,940,000.00 (Two Million, Nine Hundred and Forty Thousand Naira) only being the Plaintiff’s daily loss of income for the said 130G Cat Grader from 17/12/2003, the date Plaintiff was wrongfully and illegally prevented from removing his Grader to 21/2/2004.

(iv) The sum of N50,000.00 daily being loss of use of the said 130G Cat Grader suffered by the Plaintiff from 22/2/2004 to date of Judgment.

(v) The sum of N150,000.00 being the cost of damage caused to the said Grader while under the wrongful and illegal detention/custody of the Defendants.

(vi) The sum of N100,000.00 being the cost of legal fees incurred by the Plaintiff in engaging the services of solicitors to prosecute this suit.”

The 1st Respondent filed an amended Statement of Defence while the 2nd Respondent filed his Statement of Defence and the Appellant as the Plaintiff filed a reply to the 2nd Defendant’s Statement of Defence.

At the conclusion of hearing, the Learned trial Judge in a considered Judgment dismissed the Plaintiff/Appellant’s Claims.

The Appellant dissatisfied with the said Judgment now appealed to this Court.

The learned Counsel for the Appellant formulated four (4) issues for determination as follows:-

“(1) Whether it was necessary for the Plaintiff to establish privity of contract between the Defendants and himself before this action, which is founded in tort, can succeed. (Ground 3 of the Amended Notice and Grounds of Appeal).