WIEDEMANN & WALTERS LTD. V. OLUWA & ORS.

• Pages: 304-308

304

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NIGERIAN SUPREME COURT CASES

[1968] N.S.C.C.

Appeal allowed.

WIEDEIV1ANN & WALTERS LTD. V. OLUWA &

ORS.

MESSRS WIEDEMANN AND

WALTERS (MG.) LTD.



PLAINTIFF

V

1.

MOJIBOLA OLUWA

(ATLANTIC CONSTRUCTION

COMPANY

LTD'S LIQUIDATOR)



DEFENDANTS

2.

M/S INTRA MOTORS (NIGERIA)

LIMITED

3.

INACO LIMITED

In Re

M/S INTRA MOTORS (NIGERIA) LIMITED



APPELLANT

AND

M/S WIEDEMANN & WALTERS

(NIGERIA) LTD.



RESPONDENT

SUIT NO. SC 641/1966

SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

LEWIS,



J.S.C.

MADARIKAN,



J.S.C.

13th December, 1968.

Tort

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- Detinue - Damages - Basis of assessment - Terms "general" and

"special" damages misleading in context of detinue.

ISSUES:

1.

Upon what considerations should a claim for a hiring charge be based; and

what is the nature of a hiring charge.

2.

What forms the basis of assessing damages in an action in detinue.

FACTS:

The plaintiffs brought an action against the three defendants in the Lagos High

Court claiming the return of their goods and chattels detained by the defendants

or their value; £43 per week for their detention and use; and an injunction. The

trial judge dismissed the plaintiffs' claim against the first and third defendants and

gave judgment against the second defendant in terms that they return the goods

to the plaintiffs and pay £300 as general damages. Against this decision the sec-

ond defendant company appealed solely in respect of the award of damages to

the Supreme Court. Counsel for the appellants submitted that damages were not

as such claimed by the plaintiffs as their writ read 'and £43 per week from the 21st

day of June, 1965 for their detention and use", therefore the court must interprete

these words as a claim for special damages, and on that basis the trial judge did

not find them proved.