AMUSAN & ANOR VS BENTWORTH FINANCE (NIG.) LTD
September 2, 2025UGUGUA UKWA & ORS VS AKWA LOCAL COUNCIL & ORS
September 2, 2025Legalpedia Citation: (1965-12) Legalpedia 19348 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Dec 17, 1965
Suit Number: SC 289/1964
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
LAWRENCE
APPELLANTS
BENTWORTH FINANCE NIGERIA LTD
RESPONDENTS
AREA(S) OF LAW
HIRE PURCHASE AGREEMENT
SUMMARY OF FACTS
The 3rd respondent (hirer) sold the vehicle in dispute to the appellant at a time when he had not paid instalments due under the hire purchase agreement and the option fee. The 1st respondent (the owner) repossessed the vehicle from the appellant as a result of which this action was commenced.
HELD
The court held that the 1st respondents as owners had a right to terminate the hiring and repossess the motor vehicle.
ISSUES
Whether the 1st respondent had a right to repossess the vehicle in dispute
RATIONES DECIDENDI
RIGHTS OF THE OWNER UNDER A HIRE PURCHASE AGREEMENT
‘In a hire-purchase agreement there are two principal rights of the owner of goods let to the hirer-(1) the right to repossession of the goods, upon breach of a term of the hire agreement, which exists until the hirer after payment of all hire rentals due under the agreement, purchases the same by exercising his right under the option clause and (2) the owner’s right to the hire rentals due under the hire purchase agreement for any period which the hirer in fact made use of the goods-which must always be considered separately’- Idigbe J.S.C
CASES CITED
Brooks v. Beirnstein [1909] 1 K.B. 98
South Bedfordshire Electrical Finance Ltd. v. Bryant [1938] 3 All .E.R. 580
STATUTES REFERRED TO
