CaseLaw
Soyinka V. Inaolaji Builders (1991) CLR 4(n) (CA)
Brief
Facts
The appellant herein was the plaintiff in the Ile-Ife Judicial Division of the High Court of Oyo State. He sued the respondent herein as defendant in the court below.
In the said suit the appellant claimed from the respondent the sum of N50, 000.00 being special and general damages of the negligent manner in which the respondent company blasted stones at a site near the appellant’s house on Road 17, House A75, in the Staff Quarters of the University of Ife, Ile Ife (Now Obafemi Awolowo University) and thereby damaged the valuable short gun, venetian vase and glass figurines (art pieces) antique glass ware (Greek and Roman Excavations) and chipped carvings of the appellant.
At the hearing of the claim in the court below, the plaintiff tendered the damaged items. The short gun was admitted in evidence as Exhibit B the broken piece of the venetian glass as Exhibit C the chipped carvings as Exhibits D D4 and the vase as exhibit F”.
In his judgment as deposed to in the respondent’s affidavit in support of the motion which gave rise to this appeal, the learned trial Judge found the defendant/respondent company responsible for the damage to the items.
In awarding damaged, the learned trial Judge awarded the sum of N3, 500.00 after allowing for depreciation for the short gun (Exhibit B) The plaintiff/Appellant claimed to have bought it for N4, 500.00.
For Exhibits C and F (the venetian vase and glass figurines) the court awarded N1, 5400 after allowing for depreciation of N300.00. The plaintiff/appellant had claimed N1, 800.00 for them.
As to the carvings (Exhibits D D4) the learned trial Judge awarded their full market value of N2, 000.00. On the whole the plaintiff/appellant was awarded a total sum of N7, 000.00 for the damaged items.
The judgment was delivered on 27/2/86 and none of the parties appealed against the judgment. The plaintiff/appellant tendered the items as he was bound to do in proof of his claim for special damage.
On 5/11/86, the defendant company (respondent herein, filed a motion in the said High Court of Ile Ife for an order of the court releasing to it the short gun tendered as exhibit B as well as Exhibits D D4 C and F on the ground that the defendant company had fully paid the plaintiff for them as a total loss.
The application was supported by an affidavit of twenty-three paragraphs deposed to by one Gabriel Aluko the Purchasing Director of the defendant/applicant company.
The appellant filed a counter affidavit and further counter affidavit to oppose the application. The motion was argued and on 3/2/87, the trial Judge granted the application releasing the exhibits to the respondent.
Dissatisfied with the decision of the lower court, the appellant appealed to the Court of Appeal challenging the ruling.