JAMES A. AMIZU V DR. BENJAMIN U. NZERIBE
July 17, 2025FEDERAL CIVIL SERVICE COMMISSION & 2 ORS VS J. O. LAOYE
July 17, 2025Legalpedia Citation: (1989-04) Legalpedia 86769 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Apr 21, 1989
Suit Number: S.C. 35/1985
CORAM
OBASEKI, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
NNAEMEKA-AGU, JUSTICE SUPREME COURT
PARTIES
ELIJAH OLADEJI KOSILE
APPELLANTS
AMUBA OLANIYI FOLARIN
RESPONDENTS
AREA(S) OF LAW
APPEAL- TORT – DETINUE – SPECIAL DAMAGES
SUMMARY OF FACTS
The appellant seized possession of the respondent’s vehicle under a sales agreement and refused to return same.
HELD
The court held that the respondent was entitled to the return of the vehicle or its monetary value and damages for loss of earnings till the date of the judgment.
ISSUES
As the vehicle was not an irreplaceable article, should the Court of Appeal not have treated it as a constructive total loss and award its value at the date of seizure (i.e. N2,400.00) as the measure of damages?
RATIONES DECIDENDI
THE BASIS OF AWARD OF DAMAGES IN DETINUE
In an action for detinue the gist of the action is the unlawful detention of the plaintiff’s chattel, which he has an immediate right to possess, after the plaintiff has demanded its return. So, a successful plaintiff is entitled to an order of specific restitution of the chattel, or, in default, its value, AND also damages for its detention up to the date of judgment- Nnaemeka-Agu, J.S.C.
SPECIAL DAMAGES :HOW ESTABLISHED
Proof of special damage is not radically different from the general method of proof in civil cases. It is equally proved on a balance of probability. Where the plaintiff pleads the special damage with particularity and gives some evidence of it and the defendant does not challenge or contradict the evidence given, he has discharged, his onus of proof and, unless the evidence is of such a quality that no reasonable tribunal can accept it, it ought to be accepted – Nnaemeka-Agu, J.S.C.
CASES CITED
1. S.O. Nwabuoku v. P.N. Ottih (1961) 1 All NLR. 487
2. Rosenthal v. Alderton & Sons Ltd. (1946) K.B.374, C.A.
STATUTES REFERRED TO
Not Available
