CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the considered ruling of the Honorable Justice B.B Aliyu of the Federal High Court Lagos delivered on the 28th 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 Joe trade Nigeria Enterprise, and is a distributor with Mouka Limited.
The 2nd respondents are officers of the Nigeria police under the direct command and supervision of the 5th respondent herein.
On or about 29th November, 2002 the Appellant had in his custody a Mercedes Truck 814, imported by one Johnson…