Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FRSC & ORS
V.
AKPOS

(2021) JELR 108774 (CA)    

Court of Appeal  ·  CA/A/612/2016 ·  9 Feb 2021 ·  Nigeria
CORAM
Peter Olabisi Ige, JCA Yargata Byenchit Nimpar, JCA Mohammed Baba Idris, JCA

Ratio Decidendi

Core Terms Beta
respondent
appellants
section
evidence
trial court
appellant
frsc act
federal high court
subject matter
detention of his car
exclusive jurisdiction
general damages
high court of the federal capital territory
administrative act of the 1st appellant
agency of the federal government of nigeria
counterclaim of the appellants
decision of the trial court
driver of a vehicle
honda rover car
learned trial court
office of the federal road safety corps
order of court
reasonable suspicion
respondent’s brief
respondent’s claim
1st appellant right
1st june
above provision
amended statement of claim
appellant urge
continuous seizure of the respondent
cross-examination
evidence of dw1
federal capital territory high court
high court of fct
high court of the state
legal force
members of the 1st appellant
national road traffic regulation
proven facts
respondent fails
respondent ought
respondent rely
respondent’s case
said decision
sum of fifty million naira
traffic law
trial court lack jurisdiction
trite law
vehicle papers

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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