Oscar Concord Finance and Securities Limited V. Mr. O. Ogunleye (2007)

LawGlobal-Hub Lead Judgment Report

CLARA BATA OGUNBIYI, J.C.A.

By a writ of summons taken out and also statement of claim dated the 16th March, 1993 at the High Court of Lagos State in Suit No.ID/543/93, the plaintiffs claim against the defendant reproduced at page 3 of the record of appeal vide the writ of summons is for the sum of N225,250.00 being special and general damages suffered by the plaintiff as a result of the breach by the defendant/company.

PARTICULARS:

Cost of BMW Saloon car -N 140,000.00

Cost of hiring the said car for

31 days I.V. 11th January, 1993

to February, 16th 1993 at N1000.00 – 31,000.00

per day

Cost of Agreement and Registration

Fees paid to the Defendant – 4,250.00

General Damages – 50,000.00

TOTAL 225,250.00

Pleadings were filed and exchanged between parties. The plaintiff testified in the action but did not can any other witness in support of his claim. In the same vein, the defendant also called only one witness in Support of their defence.

At the end of the proceedings and on the 27th February, 1997, the lower court in its judgment granted the claims of the plaintiff in part and proceeded to award to the plaintiff against the defendant the sum of N450,000.00 being the value of the car as per the 1st leg of the plaintiffs claim in the action. The 2nd leg of the claim in respect of the general damages for breach of the loan agreement was however dismissed.