CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
LASISI ADEOYE ADELEBARE PETITIONER(S)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In a Suit delivered at the High Court, the trial judge dismissed the action brought against the defendant claiming the sum of £6, 211 being special and general damages for the alleged unlawful seizure and sale by the defendants, their servants or agents of a vehicle which was lawfully in the possession of the plaintiff as a hirer. The plaintiff appealed against the whole judgment.
HELD
The appeal failed, and was dismissed.
ISSUES
Judgment is against the weight of evidence.
The learned trial Judge erred in law in giving judgment in favor of the defendants on the basis of an alleged agreement dated 20th January, 1965 when such agreement was not pleaded and accordingly all evidence relating thereto was inadmissible.
The learned trial Judge erred in law in failing to observe that the alleged assignment of the contractual rights of Bentworth Finance (Nigeria) Limited was made specifically subject to the rights and interest of Bentworth Finance (Nigeria) Limited under the Hire Purchase Agreement.
RATIONES DECIDENDI
SPECIAL AND GENERAL DAMAGES IN HIRE PURCHASE AGREEMENT RTRTRTRT
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CASES CITED
STATUTES REFERRED TO