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ANTHONY ESEKHAIGBE V. FEDERAL ROAD SAFETY COMMISSION

(2014) JELR 36145 (CA)

Court of Appeal  •  CA/I/150/2008  •  7 Nov 2014  •  Nigeria

Coram
OBIETONBARA DANIEL-KALIO JCA; MUDASHIRU NASIRU ONIYANGI JCA; NONYEREM OKORONKWO JCA;

Judgement

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of the judgment of the Lower Court in respect of the appellant's bus which was impounded by the Respondent. In the appellant's Statement of Claim before the Lower Court he alleged that his Ford Transit Bus with Registration Number BG 502 MUS was impounded by some officers and men of the Respondent along Idiroko Road after Atan Town in Ogun State on the grounds that he had an expired driver's license and was using a blue coloured plate number not meant to be used for passenger carrying vehicles.

In the course of the bus being impounded, the appellant claimed that the bus was damaged. He also pleaded that consequent on the impounding of the vehicle,his business collapsed, he was given notice to quit the premises he used for his factory and his children were withdrawn from school due to lack of funds to pay their school fees.

He therefore sought from the Lower Court a declaratory relief that t…

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