THE COUNCIL OF FEDERAL POLYTECHNIC, MUBI VS YUSUF
July 1, 2025THE COUNCIL OF FEDERAL POLYTECHNIC, MUBI VS YUSUF
July 1, 2025Legalpedia Citation: (1998) Legalpedia (SC) 61159
In the Supreme Court of Nigeria
Thu Jan 8, 1998
Suit Number: SC.158/1991
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, OF NIGERIA
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
PARTIES
OJINI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff a transporter, bought on hire purchase, a Peugeot Saloon Car, he paid a deposit of N3,000.00, with a promise to liquidate the balance of N6,600.00 in ten equal monthly installments, which he did. The defendant seized the car and the plaintiff was unable to carry on his taxi business and was in consequence, deprived of the profits of N80.00 per day for 800 days.
HELD
The Court dismissed the appeal and affirmed the judgment of the Court of Appeal.
ISSUES
1. Was the plaintiff also entitled to succeed in conversion?2. Was the Court of Appeal justified in interfering with the damages awarded by the trial Judge without showing that the Judge acted on wrong principle?
RATIONES DECIDENDI
DIFFERENCE BETWEEN TRESSPASS, CONVERSION AND DETINUE
“Trespass, unlike conversion and detinue, is actionable per se, that is, without any proof of damage and it can be committed without any denial of or interference with title but it lies only in favour of a plaintiff who has possession as the appellant in this appeal or at the suit of a person having the immediate right to possession.” Ogwuegbu, JSC.
WHEN CAUSE OF ACTION IN CONVERSION ACCRUES
“The cause of action in conversion, accrues on the date of the conversion and it is based on an unequivocal act of ownership by a defendant of goods of the plaintiff without any authority or right in that behalf, for example, an act such as acquiring, dealing with the rights of an owner as distinct from the equivocal acts of one who is entrusted with goods.” Ogwuegbu, JSC.
CASES CITED
Beaman v. A.R.T.S. Ltd. (1948) 2 K.B. 89
STATUTES REFERRED TO
None
