CADBURY NIGERIA PLC V. R. BENKAY NIGERIA LIMITED

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Honourable Justice Y.A. Adesanya of the Lagos State High Court delivered on the 11th of July 2008 wherein the learned trial Judge after an enquiry as to damages awarded the sum of N3,048, 423.20 (Three Million, forty eight thousand, four hundred and twenty three naira, twenty kobo) to the Respondent as damages for the unlawful detention of the Respondents' 30 tones Mercedes Benz trailer with registration number BD 4053A between 24th March 1997 and 17th April 2000 pursuant to an unlawfully obtained order of mareva injunction dated 24th March 1997.

FACTS - The Appellant was Claimant at the High Court, and he instituted an action against the Respondent claiming the sum of N5,108,210.30 (Five million, one hundred and eight thousand, two hundred and ten naira, thirty kobo.) as value of the goods it consigned to the Respondent to be delivered to its customer in Aba.

The goods were allegedl…