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ATTORNEY GENERAL OF LAGOS STATE & ORS v. ZANEN VERSTOEP & COMPANY NIGERIA LIMITED & ORS

(2016) JELR 33273 (CA)

Court of Appeal  •  CA/L/702/2013  •  23 Jun 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Lagos Division delivered by ABUTU J. on the 2nd day of November 2007.

The Appellants and the 2nd Respondent herein were Respondents in the suit filed in the lower Court while the 1st Respondent was the Applicant.

The said 1st Respondent had as Applicant commenced a suit in the Federal High Court, Lagos Division (lower Court) by way of an application for the enforcement of its Fundamental Human Right against the aforesaid Respondents. In the said application dated 9-11-2006 the following reliefs were sought:-

(i) A declaration that the forcible breaking-in and carting away of the Applicants properties from its premises situate at 1A Ozuma Mbadiwe Street, Victoria Island, Lagos by the Respondents on Sunday, August 26, 2006 and subsequent days thereafter is illegal and unconstitutional as it violates the Applicants right to property guaranteed by Section 44 of …

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