Gasaliyu Ola-iya V. Alhaji Yakubu Lasisi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of BADA J, sitting at High Court No.2 of the Osun State High Court, Osogbo in his Lordship’s judgment dated 29th July, 2004. The respondent was the plaintiff while the appellant was the defendant/counter claimant at the trial court. By a writ of summons issued 12th April, 2001 and a statement of claim filed at the lower court dated 22nd August, 2001, the plaintiff claimed as follows:

1. Declaration that the hire-purchase agreement dated 1/6/96 between the plaintiff and the defendant in respect of Mercedes Benz Truck 1624 Registration No. OS 936 has been properly brought to an end.
2. Declaration that possession of the said motor vehicle Registration No. OS 936 SS is rightly vested in the plaintiff by virtue of S. 9(5) of the Hire-Purchase Act.
3. Declaration that the plaintiff is entitled to sell the said motor Vehicle and use the proceeds to recoup himself for the sum of N755, 000. 00 being the outstanding balance of the hire-purchase price of the vehicle.
4. The sum of N1 Million being special and general damages for breach of contract. (See page 5 of the record).

By the further Amended Statement of Defence and Counter-Claim filed pursuant to an order of court and dated 1st June 2002 the Defendant counter-claimed as follows:

(a) Declaration that the alleged hire-purchase Agreement dated 1/6/96 in respect of Mercedes Benz Truck 1624 registration No. OS 936 SS is ineffectual, null and void for not complying with the Hire-purchase Act.

(b) A Declaration that the transaction between the plaintiff and the Defendant is one of outright sale on credit, payable by installments (or a transaction of borrowing and lending).

(c) A Declaration that the seizure the of Mercedes Benz registration No. OS 936 SS from the Defendant’s mechanic workshop on 4/11/2000 is unlawful and illegal.

(d) An order on the plaintiff to return to the Defendant in good condition (as it was on 4/11/2000) the vehicle or refund to the defendant the money value of the truck, which is about N2 million.

(e) An order on the plaintiff to pay for the loss of the use at the rate of N65, 000.00 per month to the Defendant from the date of seizure to whenever the Mercedes Benz is returned to the Defendant.

(f) Alternatively to (d) and/or (e) above, an order of court directing the Plaintiff to pay the sum of N745, 000.00 as money had and received on a contract that had failed or had been frustrated.

(e) General Damages of N100, 000.00 from the plaintiff.

On 29th July, 2004, judgment was given in favour of the respondent against the appellant granting the relief nos. (1), (2) and (3) and awarding N5, 000:00 as nominal damages under relief (4) and dismissing all the counter-claim reliefs.

The appellant was not satisfied with the decision, hence the appeal to this court. The appellant filed a Further Amended Notice of Appeal dated and filed 7th February, 2013 containing nine grounds of appeal.

The parties in compliance to the rules of this court duly filed and exchanged briefs of argument. The appellant’s Amended Brief of Argument dated 8th February, 2013 and filed 20th February, 2013 was settled by BODE BABALOLA, ESQ. The respondent’s Further Amended Respondent’s Brief dated 28th February, 2013 and filed 4th March, 2013 was settled by A. AJIBOLA, ESQ.

BRIEF FACTS OF THE CASE