CONTRACT LAW — Hire Purchase — Applicable Law — Rig Registered as Motor Vehicle Governed by Hire Purchase Act
Principle Statement
If a rig is generally treated as if it is a motor vehicle, having regard to its being registered by the motor licensing authority, being insured, given a certificate of road worthiness, and driven by a driver, it is in fact a motor vehicle within the contemplation of section 20(1) of the Hire Purchase Act.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Civil Design Construction Nig. Ltd v. SCOA Nigeria Limited (2007) NLC-123-216-2001(SC) at pp. 11–12; Paras B–D.
"I hold the view that if the rig is generally treated as if it is a motor vehicle and having regard to the facts and circumstances of this case - its being registered by the motor licensing authority, being insured, given certificate of road worthiness and driven by a driver -- it is in fact a motor vehicle within the contemplation of section 20(1) of the Hire Purchase Act."
Explanation / Scope
The Hire Purchase Act applies to goods classified as motor vehicles. A rig that is registered with the motor licensing authority, insured, issued a roadworthiness certificate, and driven by a driver is properly classified as a motor vehicle. The court looks at the functional and regulatory treatment of the item, not just its physical description. This ensures that hire purchase agreements for such items are governed by the Act.
