(1997) JELR 45383 (CA)    

Court of Appeal  ·  CA/K/67/96 ·  15 Jul 1997 ·  Nigeria
Other Citations
Hamisu v. C.O.P. (1998) 2 NWLR (Pt.537)
Nokoprise Int. Co. Ltd. v. Dobest Trad. Corpn. (1997) 9 NWLR (Pt. 520) 334
Hamisu v. C.O.P. (1998) 2 NWLR (Pt. 537) 269
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
cartons of london
high court
learned chief judge
lower court
rothmans cigarettes
brother abdullahi
contention of the learned counsel
learned counsel
saloon car
absence of counter-affidavit
affidavit evidence
attached document
averments of the applicant
check point
chief judge
conditional release of the car
court orders
customs check point
decision of katsina state high court no.1
end of hearing of the motion
exhibit c
exhibits a
facts of the case
following conclusion
leading judgment
learned trial chief judge
learned trial judge
name of the appellant
name of the applicant
offence of offering bribe
preview of the lead judgment
prima facie evidence of ownership
ruling of the learned trial chief judge
servants of the applicant
single issue
submission of the learned counsel
trial courts
unchallenged averments

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of Katsina State High Court No.1. The applicant filed a motion before the High Court under section 40(1) of the 1979 Constitution as amended and Order 8 Rules 2(1) and 3 of the Katsina State High Court Civil Procedure Rules 1987.

In the motion the applicant prayed for the release of 15 cartons of London and Rothmans Cigarettes and a 504 Saloon Car. The application before the High Court was supported with an affidavit and some exhibits attached to the affidavit.

At the end of hearing of the motion and in a considered ruling the learned Chief Judge granted the application partially by ordering for the conditional release of the car, but refused to order for the release of the 15 Cartons of Cigarettes.

The applicant was not happy with the decision and he appealed to this court. Before I go into the appeal, it may be helpful to state briefly the facts of the case. The applicant asked two of his boys t…

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