OGUNBIYI JCA (Delivering the Lead Judgment) : This is an appeal against the considered ruling of the Honorable Justice B.B. Aliyu of the Federal High Court, Lagos, delivered on 28 October 2003. For a better and clearer understanding of the facts giving rise to this appeal, the historical background and succinct general overview of the case would be necessary.
Tacitly, the appellant herein is a trader who deals in used cars, trucks and buses at Mat and Jonas Motors Limited site, D.I. United Berger Motor Dealers Association, Oshodi/Apapa Expressways, Berger Bus Stop, Lagos. The 1st respondent is also a trader who deals in foams, and trades under the name and style of Joetrade Nigeria Enterprise, and is a distributor with Mouka Limited. The 2nd respondents are officers of the Nigerian Police under the direct command and supervision of the 5th respondent herein. On or about 29 November 2002, the appellant had in his custody a Mercedes Truck 814, imported by one Johnson Isiaka of No. 142…