Lukuman Aminu V. Bolaji Alasade & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

By a Writ of Summon dated the 6th of January, 1992, the 1st Respondent as Plaintiff at the trial Court instituted the initial Suit No. HIF/28/91 and seeking the sum of N275,000.00 (Two Hundred and Seventy-Five Thousand Naira) only being general and special damages for wrongful arrest and detention and or imprisonment by the Police. Also for wrongful seizure and or detention of his Peugeot 404 Pickup, etc. (This is evidenced at Pages 5-7 of the Record of Appeal).

The Particulars of Damages claimed to have been suffered by the 1st Respondent were given as follows:-

PARTICULARS OF DAMAGE:

General Damages:

(a) The sum of N20,500.00 (Twenty Thousand, Five Hundred Naira only) being general damages for unlawful imprisonment

(b) The sum of N50,000.00 (Fifty Thousand Naira only) being damages in detinue.

(c) The Sum of N21,000.00 (Twenty One Thousand Naira only) being general damages for trespass committed on the Plaintiff’s Room at No.6, Ilupeju Street, Modakeke, Ile-Ife, Osun State of Nigeria by the 2nd, 3rd and 4th Defendants.

Special Damages:

(a) A sum of N157,500.00 (One Hundred and Fifty-Seven Thousand, Five Hundred Naira only) being loss of earnings due to the unlawful seizure and detention of the Plaintiff’s Peugeot 404 Pickup with Registration No. OY 3905 BD by the Defendants for the period of thirty-five (35) months from 3rd February, 1989 to 3rd January 1992, at the rate of N150.00 (One Hundred Fifty Naira) per day, or, at the rate of N4,500.00 (Four Thousand, Five Hundred Naira) a month. Plaintiff also claims loss of earnings from 4th January 1992 until judgment is given at the rate of N150.00 (One Hundred and Fifty Naira) a day.

(b) The return of Plaintiff’s Peugeot 404 Pickup with Registration NO. OY 3905 BD unlawfully seized and detained by the Defendants or, a sum of N26,000.00 (Twenty Six Thousand Naira) its value.

(c) The return to the Plaintiff of all documents listed in Paragraph 9 (a) (ii), (iii), (v) and

(vi) in the Amended Statement of Claim.

The Plaintiff/1st Respondent’s Statement of Claim dated and filed on the 3rd day of January, 1992 was filed along with the Writ of Summons. The crux of the 1st Respondent’s case against the Appellant and the 2nd – 4th Cross-Appellants/Respondents deduced from the Amended Statement of Claim at pages 5 to 9 of the Record of Appeal; also, the Reply to the Defendants’ pleadings at Pages 24 to 26 of the Record of Appeal (hereinafter referred to as “the Record”) is as follows: