NACENN NIGERIA LIMITED V. BEWAC AUTOMATIVE PRODUCERS LIMITED

SUBJECT MATTER

DETINUE

DETINUE – Distinction between the tort of detinue and conversion

DAMAGES – Award of damages for detinue;  how calculated

EVIDENCE – Evaluation of evidence; duty of trial court

JUDGMENT AND ORDER – When an appellate court can order a retrial

Where a trial judge failed to make findings of facts on issues duly joined by the parties in their pleadings, an appellate court will order a retrial when the evidence is of such a nature that it cannot make its own finding not having seen or heard the witnesses.

Per Muntaka-Coomassie JSC

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