BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State of 29/10/2010 in Suit No W/57/2004.
The respondent as plaintiff at the trial Court claimed against the appellant (defendant in the lower Court) a declaration that appellants wrongful seizure and subsequent possession of the respondents vehicle with registration number EDO AR 642 is illegal, unconstitutional, null and void; an order of Court directing the return of the respondents vehicle to the respondent; N5,150,000 damages for the unlawful seizure, and N2,000,000 damages for its continuous detention and/or conversion of the aforesaid vehicle.
The appellant also counterclaimed for the sum of N489, 858.14 for the respondents failure to deliver some goods from Benin to Warri.
Respondents case was that the appellant engaged its Mercedes Benz lorry to convey its cartons of milk from Benin City to its warehouse in Warri Delta State; that while on its way to Wa…