MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting at Calabar delivered on the 7th day of November, 2013 wherein judgment was entered in favour of the applicants (now respondents).
The respondents herein through a motion on notice filed on 8/11/2012 prayed the lower court for the enforcement of their fundamental right against the appellants’ threats of arrest, intimidation as well as forceable seizure of the 1st respondent’s Nokia handset, Mercedes Benz Car with registration No. AZ 54 APP and the sum of N100,000.00.
Upon being served with the said motion papers, the appellants filed a preliminary objection to the hearing of the respondents’ motion on notice. After taking argument of counsel, learned trial judge dismissed the preliminary objection and granted the respondents reliefs in the substantive motion on notice.
The appellants were dissatisfied with the decision of the trial court, and they appealed t…