LawPavilion Online


Back

REV. DAVID MBA UKPAI & ANOR v. EMEKA NSI AJIKE

(2018) LPELR-44269(CA)

In The Court of Appeal of Nigeria

On Monday, the 30th day of April, 2018

CA/OW/102/2014


Before Their Lordships

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


Between

1. REV. DAVID MBA UKPAI
2. EBERE MBA UKPAI - Appellant(s)

AND

EMEKA NSI AJIKE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Tort of Conversion.
FACTS:
The appeal is against the judgment of the High Court of Justice, Abia State, holden at Ohafia Judicial Division and presided over by Hon. Justice C.H. Ahuchaogu.

The Respondent initiated the action by a writ of summons against the Appellants. Parties duly filed and exchanged their respective pleadings which were accompanied with the written depositions of witnesses the parties intended to field at trial. The Respondent claimed against the Appellants, jointly and severally, the following reliefs:
"a). AN ORDER of Court directing the defendants to make a replacement of the said truck unto the claimant.

IN THE ALTERNATIVE

b). AN ORDER of Court directing the defendants to pay to the claimant the sum of Six Million Naira (N6,000.000.00) being the value of the said truck.  

c). The sum of Five million Naira (N5,000,000.00) being special damages i.e. (N2,201,000.00) and general damage for the unlawful acts of the defendants against the claimant."

The Appellants, aside from denying the entitlement of the Respondent to his claims, filed a counter-claim against the Respondent as follows:
"1. Refund of N566,000.00 (five hundred and sixty-six thousand naira only) being money given as interest free loan to the claimant by the 1st defendant.

2. Refund of N669,000.00 (Six hundred and sixty-nine thousand naira only) being amount spent in the repair of MAN DIESEL truck with registration No. XN 367 ABC at the request of the claimant.

3. 20% interest or any other percentage on the above sums of money based on the current lending rate as approved by the Central Bank of Nigeria until judgment is delivered."

The matter proceeded to trial and parties adduced evidence. After a review and evaluation of the evidence adduced before it, the trial Court found in favour of the respondent and dismissed appellants' counterclaim. Not pleased, appellants appealed to the Court of Appeal.

ISSUES:
The issues for determination in the appeal are:
"1) Whether in all honesty there is any dispute as to the ownership of MAN DIESEL TRUCK with registration No XN367 ABC being the vehicle in issue?
2) Whether from the circumstances of the case there was any agreement implied or express between the parties for the management of the truck?
3) Whether on preponderance of evidence, Claimant/respondent proved his case and as such entitled to judgment?
4) Whether the counter claim was proved?"

DECISION/HELD:
In the final analysis, the appeal was dismissed.


Read Full Judgment