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a
a declaration that the plaintiffs are entitled to a statutory right of occupancy or in the alternative a Two million (N2,000,000.00) being the cost of replacement of the ENGINE of the Plaintiff's said 500 SEL Mercedes Bern Car destroyed by the Defendant.
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b
Five hundred naira (N500) per day from 28th January, 1993 till the date of Judgment being the cost of chartering vehicle for his movement/business.
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c
One Million naira (N1,000,000.00) being general damages for emotional distress, financial and social disability caused the Plaintiff since the said 28th January, 1993."
I note that the above claims, are the same as those claimed by the Respondent in paragraph 18 of his Statement of Claim at page 8 of the Records.
The Plaintiff/Respondent's case, is that on 19th October, 1992, he took his Mercedes Benz 500 SEL Car to the Appellant's Workshop at Onitsha with the ordinary complaint of replacing the car's Exhaust manifold gasket". See paragraph 4 of the Statement of Claim. I note that in the Respondent's Brief both in the Court below and in this Court, he stated or described it as "for a minor repair". A job card was opened - Exhibit E - which I note detailed other faults/repairs including "tapping noise from engine". It is the Respondent's case that this "ordinary" job, took the Appellant some weeks and when the car was returned to the Respondent, "it developed more faults and became worse than the ordinary problem of exhaust manifold gasket". That he complained bitterly about the state of the car to the Appellant who collected back the car. That he was later told by the Appellant about other problems or faults that it had detected from the car. He was later told that the engine had been taken to Lagos from where, at the instance of the Appellant, he towed away the body of the car to avoid its being vandalized. After about one year, the Respondent initiated the said action in the said High Court. The Respondent testified and called one (1) witness in support of his case.
On its part, the Appellant's case, is that in good faith, it embarked on the repairs but on further investigation of the source of the tapping noise, the engine of the car, was dismantled and it was then, it was discovered that the short blocks of the engine, were worn-out. It had pleaded in paragraph 5 of its Statement of Defence, that the Respondent, did not bring the said car for the change of the exhaust manifold gasket, but for several faults and/or repairs twelve (12) in number (a) to (1). The Appellant called two (2) witnesses in support of its defence. At the end of the trial, the learned trial Judge, found in favour of the Respondent. He relied heavily on Exhibit CA 57.
Dissatisfied with the said decision, the Appellant, appealed to the Court below, which expunged from the Records, Exhibit CA 57 and allowed the appeal in part, by awarding Two Million Naira (N2m) for his "first head of the claim" and twenty five thousand, five hundred naira (N25,500.00) "for his 2nd head of claim".
Aggrieved by the said decision, the Appellant has further appealed to this Court. There is no Cross-Appeal by the Respondent.
