(2018) JELR 38884 (CA)    

Court of Appeal  ·  CA/B/496/2013 ·  30 May 2018 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
2nd respondent
nwlr part
juristic person
trial court
cause of action
learned counsel
following cases
judgment of the lower court
juristic personality
determination of the appeal
fundamental right
fundamental right enforcement procedure rules
fwlr part
benin city
chassis no. st32819x
edo state
fmct vs eze
litres of low pure fuel oil
registration no. xd
humble view
nscqr part
order of court
principal claim
said issues
scm page
trite law
abdulfatai akinyemi vs
applicants fundamental rights
co. ltd
continued detention of the applicants mack truck
custody of the 2nd respondent
edo state of nigeria
facts of the case
favour of the 1st respondent
federal high court
following reliefs
gross violation of the applicants fundamental rights
judgment of federal high court
kogi vs yakubu
leading judgment
notice of appeal
officers of the edo state task force
own case
paragraphs b a
said motion
trial court lacks jurisdiction

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of Federal High Court, Benin City, Edo State of Nigeria in Suit No: FHC/B/CS/35/12 Between: ABDULFATAI AKINYEMI V. (1) THE DEPOT MANAGER, NIGERIA NATIONAL PETROLEUM CORPORATION (2) PIPELINES and PRODUCTS MARKETING CO. LTD delivered on the 5th day of March, 2013.

Briefly, the facts of the case are that the 1st Respondent as Plaintiff commenced this action at the Federal High Court, Benin City by a motion on notice brought under the Fundamental Right Enforcement Procedure Rules 2009 seeking to enforce his Fundamental Right under Section 44(1) of the 1999 Constitution of the Federal Republic of Nigeria.

By the said motion, the 1st Respondent claimed the following reliefs against the Attorney-General and Commissioner for Justice, Edo State and the 2nd Respondent as follows:-

(1) A declaration that the continued detention of the Applicants Mack truck with Registration No. XD 635 SGM with Chas…

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