S.C.O.A.(Motors) Onitsha & Anor v. Chinwuba Abumchukwu (1973)

LawGlobal-Hub Lead Judgment Report

T. O. ELIAS, C.J.N. 

In Suit No. O/162/1967 Egbuna, J., in the High Court, Onitsha, delivered judgment dated 10th January, 1972 in favour of the plaintiff.(herein respondent) against both defendants (herein appellants) in the total sum of 4,300 pounds made up as follows:

(i) Against the co-defendant for the return of the Peugeot family car No. LM 9231 or payment of its value..: 850 pounds

(ii) Damages for loss of earnings on the said vehicle at the rate of 9 pounds, 10s ‘0d per day as from 13th July, 1967 to 20th September, 1967 amount to…..470

(iii) General damages assessed at….10

(iv) Loss of earning for the year 1971 only assessed at 10 pounds

The plaintiff’s writ dated 21st September, 1967 was endorsed as follows:

“WHEREFORE the plaintiff claims against the defendant a total sum of 1 pounds,550 0s 0d, made up as follows:

(i) The return of the Peugeot family car No. LM 9231 or its value of 850 pounds 0s 0d.

(ii) Damages for loss of earnings on the said vehicle at the rate of 9 pounds 10:10d per day from 13th July to 20th September, 1967 ..572 pounds:10s

(iii) General damages limited to 127 pounds: 10s.

(iv) Loss of earnings from the 21st day of September, 1967 until judgment is given or the return of the vehicle

Total 1,550 pounds :0: 0d.

The statement of claim repeated the above in paragraph 12 thereof. At first the plaintiff sued only the S.C.O.A. (Motors) Onitsha, but by a court order dated 28th April, 1971 and made on the plaintiff’s application, Bentworth Finance (Nig.) Ltd. was joined as a co-defendant.