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FEDERAL MINISTRY OF COMMERCE AND TOURISM & Anor v. CHIEF BENEDICT EZE

(2005) JELR 45274 (CA)

Court of Appeal  •  CA/C/136/2001  •  14 Jun 2005  •  Nigeria

Coram
DALHATU ADAMU JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; JEAN OMOKRI JCA;

Judgement

DALHATU ADAMU, JCA (Delivered By Leading Judgment): This appeal is against the ruling of the High Court of Justice of Cross River State, holden at Calabar (per P. M. Ekpe, J) delivered on 18/1/2000. In the case leading to the aforesaid ruling, the Respondent as an Applicant, had filed an application under the Fundamental Rules (Enforcement Procedure) Rules, seeking for the following reliefs:-

"(a) A declaration that the removal and detention of the applicant's property by 2nd appellant (an officer or agent of the 1st appellant) violates his right to fair hearing and it was not in line with the due process of law;

(b) Perpetual injunction restraining the respondents (appellants herein) from further removal and detention of his instruments of work unless it is in line with the due process of law;

(c) An Order on the respondents to release the applicant's said property like YAMAHA GENERATOR, 1 FUEL, 2 DIESEL and KEROSINE HOSTS and 4 NOZZLES FUEL, 2 DIESEL and KEROSENE NOZZLES and 1 SIGHT…

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