FESTUS IBIDAYO ADESANOYE V. COMFORT MOROLAYE ADESANOYE
August 28, 2025ADEDEJI OYEWUNMI VS THE STATE
August 28, 2025Legalpedia Citation: (1971) Legalpedia (SC) 10461
In the Supreme Court of Nigeria
Fri Mar 12, 1971
Suit Number: SC 233/1966
CORAM
MADARIKAN, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
UNITED DOMINIONS CORPORATION (NIG.) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The defendant sold a car to the plaintiff under a hire-purchase agreement. The plaintiff defaulted in the installment payment and the defendant seized the car. However, before its Sale, the plaintiffs surety, the Federal Government had paid to the defendant the full balance outstanding on the purchase price. The plaintiff brought an action in detinue against the defendant.
HELD
The Court set aside the judgment of the High Court awarding damages of £400 together with fifty-five guineas costs against the defendant holding that the plaintiffs interest in the car had been terminated.
ISSUES
Whether under the hire-purchase agreement (exhibit C) the United Dominions Corporation (Nig.) Ltd., the present appellants, as owners were entitled to terminate the hiring by the plaintiff if there was non-payment of the required installments.
RATIONES DECIDENDI
CONDITIONS FOR BRINGING AN ACTION IN DETINUE RTRTRTRT
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CONDITIONS FOR BRINGING AN ACTION IN DETINUE
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CASES CITED
1. Salisu Barau v. Caleb Brett & Sons (Nigeria) Ltd. S.C. 400/67 (unreported) of the 17th May, 1968
2. Bullen and Leakes Precedents of Pleadings, 1lth edition, page 427.
STATUTES REFERRED TO
None.
