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(2016) LPELR-41260(CA)

In The Court of Appeal of Nigeria

On Friday, the 4th day of November, 2016


Before Their Lordships

SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria

BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria


TODAY???S CARS LIMITED - Appellant(s)


2. EMEKA ANYAEKE - Respondent(s)

Other Citations

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The Appellant sold a Mercedes Benz ML 400 CDI Jeep to the 1st Respondent. After using the vehicle for some time, the 1st Respondent sent the vehicle to Leventis Motors for repairs with the request also for them to obtain a spare key for the vehicle since the Appellant did not give it any spare key. The efforts by Leventis Motors to source the spare key resulted in their being informed that the vehicle was stolen, consequent upon which a Report was lodged with Interpol and the vehicle was impounded.

At this realization that the Appellant did not have title to the vehicle which it had sold to it, the 1st Respondent instituted proceedings at the High Court of Lagos State in Suit No ID/638/2005: LASACO ASSURANCE PLC vs. TODAY%u2019S CARS LIMITED claiming the following reliefs:
%u201C14. Whereupon the Claimant claims against the Defendant as follows:
(a) Payment by the Defendant to the Claimant of the sum of N5,500,000 .00k (Five Million Five Hundred Thousand Naira) paid by the Claimant to the Defendant, as purchase price of the Mercedes Benz Jeep Chassis Number WDC163128x767043 and


Registration Number GW 371 AAA for breach of implied conditions at [sic] to title and quiet possession entitled to by the Claimant with regards to the car and/or for total failure of consideration.
(b) N1, 268, 146, 27 (One Million, Two Hundred and Sixty Eight Thousand, One Hundred and Forty Six Naira, Twenty Seven Kobo) being the cost of repairs incurred by the Claimant on the car and as damages for breach of implied warranty of quiet possession.
(c) Interest at the rate of twenty-one per cent per annum (21% p.a.) on the aforesaid sum from the date of instituting this action to the date of judgment and, thereafter, at the same rate till final payment of judgment debt.
(d) Costs of this action.%u201D

Pleadings were filed and exchanged after which the 1st Respondent adduced evidence in proof of its case. At the close of its case, the Appellant chose to make a no case submission and subsequently filed as its final address a no case submission. The Appellant did not adduce any evidence. After taking the final address of counsel, the Lower Court entered judgment for part of the reliefs claimed by the 1st Respondent. The Appellant being


dissatisfied with the judgment appealed against the same. The scarified judgment delivered on 16th July 2009 is at pages 215-224 of the Records while the Notice of Appeal is at pages 226-229 of the Record


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