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FRSC & ORS
V.
AKPOS

(2021) JELR 108774 (CA)

Court of Appeal 9 Feb 2021 Nigeria
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- The appellant is challenging a decision by the trial court that found them liable in detinue. - The respondent claimed that the continuous seizure of their car by the appellant amounted to detinue and sought various reliefs, including the

Case Details

Suit Number:CA/A/612/2016
Judges:Peter Olabisi Ige, JCA Yargata Byenchit Nimpar, JCA Mohammed Baba Idris, JCA
Counsel:ABASS SANMI Esq. with him, SUSAN MOBOLAYI Esq. For the Appellants; FESTUS AKPOGHAHINO Esq. with him, UCHE ONYECHEFUNA Esq. For the Respondent.

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of HON. JUSTICE JUDE O. OKEKE delivered on the 9th day of November, 2015 at the Federal Capital Territory High Court, sitting in Abuja wherein the trial Court found the Appellant liable in detinue. Dissatisfied with the said decision, the Appellant filed an Amended Notice of Appeal on the 12th of March, 2019 but deemed on the 11/11/2020 setting out 5 grounds of Appeal.

Facts leading to this appeal are amenable to brief summary. I shall do so shortly. The Respondent commenced this action via a Writ of Summons dated 21st day of March, 2013 and also filed an amended statement of claim on the 15th day of November, 2013. The Respondent claimed against the Appellants as follows:

1. A Declaration that the continuous seizure of the Respondent’s Honda Rover car at the office of the Federal Road Safety Corps, Utako sector by the Appellants from 1st June, 2012 till date amounts to detinue in l…

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