ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of Katsina State High Court No.1. The applicant filed a motion before the High Court under section 40(1) of the 1979 Constitution as amended and Order 8 Rules 2(1) and 3 of the Katsina State High Court Civil Procedure Rules 1987.
In the motion the applicant prayed for the release of 15 cartons of London and Rothmans Cigarettes and a 504 Saloon Car. The application before the High Court was supported with an affidavit and some exhibits attached to the affidavit.
At the end of hearing of the motion and in a considered ruling the learned Chief Judge granted the application partially by ordering for the conditional release of the car, but refused to order for the release of the 15 Cartons of Cigarettes.
The applicant was not happy with the decision and he appealed to this court. Before I go into the appeal, it may be helpful to state briefly the facts of the case. The applicant asked two of his boys t…