CASE TITLE: ADAKAWA & SONS LTD & ANOR v. STANDARD CONSTRUCTION LTD (2023) LPELR-60808(CA)
JUDGMENT DATE: 27TH JULY, 2023
PRACTICE AREA: TORT (DETINUE)
LEAD JUDGMENT: JAMES GAMBO ABUNDAGA, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Tort of Detinue.
FACTS:
This is an appeal against the judgment of High Court of Kano State, which was delivered by Hon. Justice Yusuf Ubale Mohammed.
On 29/08/2004, the 1st and 2nd defendants/appellants contracted the plaintiff/respondent to transport their goods in the plaintiff’s vehicle, from Lagos to Kano. In the course of the journey, the vehicle had several breakdowns as a result of which the goods were delivered far behind the scheduled or expected duration. As a result of the several breakdowns and repairs, the driver of the plaintiff’s vehicle ran out of money for the repairs and had to borrow the sum of N5,500.00 from the defendant’s agent to effect further repairs.
A misunderstanding ensued between them. While the plaintiff alleged that the defendants wrongfully detained their vehicle for no just cause, and instituted an action against them. The defendants denied ever detaining the plaintiff’s vehicle. They denied, in toto, the damages claimed by the plaintiff and filed a counterclaim. The Plaintiff, in like manner, denied the defendants’ counterclaim.
The trial Court dismissed the claim and counterclaim of the respondent and appellant, respectively. Appellant appealed the decision.
ISSUES FOR DETERMINATION:
The issue resolved in the appeal was:
“Whether the lower Court was wrong in holding that the Appellant did not prove their case on a balance of probabilities and was not entitled to all the reliefs sought on the face of their Specially Endorsed Writ of Summons?”
DECISION/HELD:
In conclusion, the Court of Appeal allowed the appeal in part.
RATIOS:
- APPEAL- GROUND(S) OF APPEAL: What constitutes a vague ground of appeal
- DAMAGES- SPECIAL DAMAGES: Nature of evidence required in proof of special damages
- DAMAGES- SPECIAL DAMAGES: Duty on a plaintiff to plead and particularize special damages
- DAMAGES- SPECIAL DAMAGES: Effect of failure to prove special damages
- EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof of declaratory reliefs and effect of failure to discharge same; whether a claimant can rely on the weakness of the defence to prove his case
- EVIDENCE- CROSS-EXAMINATION: Effect of failure to cross-examine a witness on material point
- RACTICE AND PROCEDURE- ISSUE OF JURISDICTION: Whether the issue of jurisdiction must be determined first when raised
- TORT- DETINUE: Acts that must be present before an action on detinue can be filed
- TORT- DETINUE: What is required of the plaintiff and defendant in a case of detinue
