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CEEKAY TRADERS LTD. V. GENERAL MOTORS CO. LTD & ORS.

(1992) JELR 43140 (SC)

Supreme Court  •  SC.73/1989  •  14 Feb 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC;

Appearances
M.I. Igbokwe For Appellant Duro AjayiT.N. Nnadi, Esq. For Respondent

Judgement

S. KAWU, J.S.C (Delivering the Leading Judgment): This is a further appeal to the Supreme Court by the appellant from the decision of the Court of Appeal which had dismissed its appeal against the decision of the Federal High Court, Lagos Division.

In the trial court, the appellant, as plaintiff, had instituted an action against the respondent claiming as follows:-

"1. A declaration that the plaintiff are as against the defendants entitled to the possession of the motor vehicles (particulars of which are set out in the scheduled hereto) being part of the motor vehicles purportedly seized by the 3rd defendant under a Notice or Seizure dated 18th March, 1983.

2. A declaration that the said vehicles are the exclusive property of and belong to the plaintiffs.

3. An injunction restraining the defendants, their servants and/or agents from interfering with the plaintiffs' possession and right to possession of the said vehicles or otherwise selling or purporting to sell or in any other way d…

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