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FLOURMILLS OF NIGERIA PLC & ANOR v. NIGERIA CUSTOMS SERVICE BOARD & ORS

(2016) JELR 42310 (CA)

Court of Appeal  •  CA/L/1221/2014  •  4 Nov 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; BIOBELE ABRAHAM GEORGEWILL JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court, Lagos Division, Coram Judice Buba, J., delivered on the 5th day of March, 2013. The chafed judgment is at pages 324-347 of the Records.

At the prosecution of the case at the Lower Court, there was a claim by the Appellant and a counterclaim by the 3rd Respondent. The Appellants claimed the following reliefs:

i. A declaration that the Plaintiff/Claimant is the bona fide owner of the movable property known and referred to as Iveco Eurostar Truck Reg. No. XZ 853 KJA with the inscription Golden transport Company Limited.

ii. A declaration the 1st Defendant is obliged to release the said truck to the Plaintiff upon the officers of the 1st Defendant discovering in consequence of its investigation that the Plaintiff/Claimant is not culpable, by not being the owner and not having any proprietary interest in and dealing in the items found/loaded unto the said truck by…

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