A.C.B. LTD VS A. EHIEMUA
August 5, 2025CHIEF T.A. DOSUNMU & ORS V. JEMINATU AJAGUN & ORS
August 5, 2025Legalpedia Citation: (1978-02) Legalpedia (SC) 11514
In the Supreme Court of Nigeria
Thu Feb 9, 1978
Suit Number: SC. 32/1976
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
SOWEMIMO CHIEF JUSTICE OF NIGERIA
PARTIES
WORHI DUMUJE (Trading under the name of Edirin Enterprises)
APPELLANTS
STEPHEN IDUOZO
SAMUEL DAVIAN
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – STEALING/ CONTRACT – DETINUE
SUMMARY OF FACTS
The Appellant gave Palmar Sodje a deposit of N1000 for the purchase of two cars, believing he was a car dealer. He failed to deliver the cars rather gave him Mebea trucks, which he subsequently reported to the Police to be stolen by the Appellant. The Police took the trucks for investigation and upon finding that the appellant did not steal it returned it to Palmar.
HELD
The Court held that the appeal is allowed. The judgment of Akhigbe, J., in Suit No. V/31/73, delivered on 24th September, 1975, including his order as to costs, is hereby set aside. There shall be a retrial of the case before another Judge. The appellant is awarded costs of this appeal, assessed at N217. Costs in the High Court shall abide the retrial
ISSUES
Whether or not an agreement existed between the appellant and Palmer Sodje, vesting the ownership of the Mebea trucks in the appellant on failure of Palmer Sodje to refund, by 13th November 1972, the money deposited with him
RATIONES DECIDENDI
OFFENCE OF STEALING AND DAMAGES FOR THE WRONGFUL DETENTION OF PROPERTY RTRTRTRT
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
