(2001) JELR 44249 (CA)    

Court of Appeal  ·  CA/C/29/99 ·  20 Feb 2001 ·  Nigeria
Other Citations
Peter v. A.I.G. (2001) 7 NWLR (Pt.713)602
Peter v. A.I.G. (2001) 7 NWLR (Pt. 713) 602
DENNIS ONYEJIFE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
exemplary damages
learned trial judge
leading judgment
sum of n20,000.00
trial court
award of damages
brother opene
said volkwagen car
sum of n500,000.00
appeal court
appellate court
award of exemplary damages
award of n20,000.00
brief of argument
court processes
exercise of discretion
sole issue
supreme court
view of the evidence
8th day of february
agents of the respondents
brief of argument of the appellant
calabar cross river state
cal model
circumstance of the case
common sense
complete agreement
discretionary jurisdiction of the learned trial judge
erroneous estimate of the damage
federal high court holden
fundamental rights
hours of the delivery of judgment
legal principle
lower court
mandatory order of court
marian road calabar
odogu general of the federation
police custody
premises of the nigerian police force
quantum of damages
said award
unlawful detention of the said volkwagen

OPENE, J.C.A. (Delivering the Leading Judgment): The facts resulting to this case are that on 8/2/97 the appellant's Volkwagen Beetle Car No. AG 195 Cal Model 1500 was impounded by some agents of the respondents while being driven along Marian Road Calabar by one Innocent Friday Udo. The car taken to the premises of the Nigerian Police Force, Zone 6, Headquarters by the agents of the Police, who later refused to release the said Volkwagen car to him. It was as a result of this that the appellant filed an action in the Federal High Court Holden at Calabar pursuant to section 40(1) of the 1979 Constitution of Federal Republic of Nigeria and Order 1 rule 2(1) of the Fundamental Rights (Enforcement Procedure) Rules, 1979 seeking the following reliefs:-

1. A declaration that the respondent by impounding and thereafter detaining at the Nigeria Police Force, Zone 6 Headquarters, Calabar Cross River State for no reason(s) whatsoever the appellant's Volkwagen Model 1500 with registration Ag 1…

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