JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Delta State High Court in Suit No EHC/M/65/2005 MR MICHAEL YEDI and 1 OR v. SOLOMON KPORHAROR and 4 ORS delivered on 20th day of February, 2006.
Briefly, the facts of the case are that by an application brought under the Fundamental Rights (Enforcement Procedure) Rules, 1979, the lower Court granted the 1st and 2nd Respondents leave to enforce their Fundamental Right against the Appellants herein and 3rd to 5th Respondents on 25/8/2005. The 1st and 2nd Respondents who were Applicants at the lower Court sought against the Appellants and 3rd to 5th Respondents the following reliefs: -
(a) A declaration that the seizure and continued detention of D7G bulldozer plant with Engine No 3306 3N60872/4N4506 and Chassis No. 92V499/8P5458 over which the Applicants have legitimate possessory rights by the Respondents since 19/8/2005 is illegal, unconstitutional, null and void.
(b) An orde…