The plaintiff, herein respondent, claims (amongst other things) as follows:-

Subsequently, the plaintiff by a motion on notice prays the lower court for an order directing the 1st defendant to deliver Peugeot 505 SR air- conditioned saloon car, with registration No AN 55C, unlawfully detained by him since October, 1988 (and for the recovery of which the plaintiff instituted this action) to UTC Motors, Enugu, for preservation until the determination of the suit. The application is supported, by an affidavit while the defence filed several counter affidavits. As can be gathered from plaintiffs affidavit evidence, the application is premised on the complaint that the said Peugeot car, the subject matter or the application for preservative order, is being misused by the servants of the 1st defendant and would be rendered unserviceable which in turn would occasion heavy expenses to repair it, and which the plaintiff would ill-afford and would in consequence render the suit, if successful, nugatory. The defence in their counter-affidavits confirmed that the car was in a bad state of disrepair and grounded and required to be substantially repaired. The defence joined issue also with the plaintiff with regard to the ownership of the said car. It confirmed that 1st defendant has other cars.

Trial Judge granted the application and appellant was ordered to deliver up the vehicle to UTC motors within 48 hours from the date of the said order. The applicant (respondent) was ordered to pay for the cost of garaging the vehicle with UTC if he does not succeed in the action. Dissatisfied, appellant went on appeal.