UAC (Nig) Plc V. Eunice Akinyele (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A. A. ADUMEIN, J.C.A (Delivering the Leading Judgment)

In the High Court Osun State sitting at Osogbo, the plaintiff, who is the respondent in this Court Claimed against the appellant (the defendant) as follows:

“WHEREOF the plaintiff claim against the defendant –

(i) Return of the plaintiff’s vehicle No. AE. 267 MNA, 350 crates of Maltonic empty bottles, 100 cartons of Big Stout empty bottles, 150 cartons of small stout empty bottles and 150 crates of Tusk empty bottles being wrongfully detained by the defendant at its Osogbo branch since December, 1997.

(ii) The sum of N9,875,000.00 representing special damages for loss of use for the wrongful detention of the truck and

(iii) The sum of N1,440,000.00 for loss of use of the bottles wrongfully detained from 11th December, 1997 till 28th May, 1999.

(iv) General damages of N1,million naira against the defendant. In the event of the nability of the defendant to return the items, the plaintiff claims the following from the defendant, as additional to reliefs (ii) (iii) and (iv) above.

(v) The sum of N1,200,000.00 million naira representing the market value of the vehicle and the sum of N445,500.00 representing the value of the cartons and crates of empty bottles.”

The appellant, as defendant in the lower court, counter claimed thus:

“WHEREOF the Defendant claims against the plaintiff as follows:

(i) The sum of One Million, Five Hundred and Twenty-one Thousand, Five Hundred Naira (N1,521,500) being value of assorted drinks supplied to the plaintiff by the Defendant on credit which the plaintiff has refused to pay for despite repeated unfulfilled promises.

(j) 21% interest per annum on the said sum of One Million, Five Hundred and Twenty-one Thousand, Five Hundred Naira (N1,521,500) from 27th February, 1998 until the 7th day of January, 2000 and thereafter 11% interest on the, sum till date of judgment.

(k) 11% interest on the judgment sum from the date of judgment until final liquidating.”

The case was heard and determined by the learned Chief Judge of Osun State. The respondent’s claim was allowed while the appellant’s counter claim was dismissed