Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DENCA SERVICES LTD
V.
LEO OLEKA & SONS LTD & ORS

(2015) JELR 45740 (CA)    
Court of Appeal  ·  CA/L/688/2010 ·  6 Mar 2015 ·  Nigeria
CORAM
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria TIJANNI ABUBAKAR Justice of The Court of Appeal of Nigeria ABIMBOLA O. OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
section
counsel
rules
3rd respondent
applicants
fundamental rights
2nd respondents
2nd respondent
8th day of april
fundamental rights enforcement procedure rules
learned trial judge
preliminary objection
prescribed period
detention of the applicants
nigerian constitution
1st respondent
above provision
order of this honourable court
o'silvawax int'l ltd
zaria industries ltd
2nd respondents claim
c-g.
civil procedure
continued arrest
court of appeal rules
date of release
date of release of the said truck
e-f. see
enforcement of their fundamental rights
excise management act
federal high court lagos
following reliefs
institution of this suit
issues of time-bar
leading judgment
lives of the applicants
long period
motion ex parte
nigerian customs services
possession of the 3rd respondent
provisions of the federal high court
respondent file
second respondent
series of appeals
services of the 1st respondent
trailer rights
uncontested fact
way of fundamental rights enforcement procedure

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): At the Federal High Court Lagos, the 1st and 2nd respondents as applicants commenced proceedings in suit no FHC/L/CS/345/07 against the appellant as 2nd respondent and the 3rd respondent herein as 1st respondent for enforcement of their fundamental rights by first filing a motion ex parte for leave on 5/4/07. After leave was granted on 14/5/07, the 1st and 2nd respondents filed their motion on notice in which they prayed for the following reliefs:

1. "A declaration that the arrest and detention of the Applicants' Truck/Trailer with Registration Number AW 213 EKY by the Respondents from 8th day of April 2005 till date of release is illegal and unconstitutional.

2. A declaration that the continued arrest and detention of the Applicants' Truck/Trailer since the 8th day of April 2005 amounted to an illegal and unconstitutional threat to the property and lives of the Applicants and their workers without any reasonable or leg…

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