PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): By an originating summons dated 17th October, 2008, the Appellant herein sought for the following reliefs:-
1. A declaration that the Defendant's forfeiture of the Plaintiff Standard chartered Bank cheque No. 00052370 for the sum of N100,000.000 (One Hundred Million) only is a violation of the Plaintiffs right to property guaranteed under section 4 of the Constitution of the Federal Republic of Nigeria, 1999 and is accordingly unconstitutional and void.
2. An order of mandatory injunction directing the Defendant to release forthwith to the Plaintiff his Standard Chartered Bank Cheque No.00052370 for the sum of N100,000.000 (One Hundred Million) only which the Defendant forfeited from the Plaintiff without lawful authority.
3. An order of perpetual injunction restraining the Defendant by themselves, their agents/servants or privies from forfeiting the Plaintiffs property in anyway violating the Plaintiffs rights to property …