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(2018) JELR 91591 (CA)

Court of Appeal  •  CA/IL/126/17  •  21 Dec 2018  •  Nigeria

CHIDI NWAOMA UWA, J.C.A. (Presided and Read the Leading Judgment) HAMMA AKAWU BARKA, J.C.A. BALKISU BELLO ALIYU, J.C.A.


UWA, J.C.A. (Delivering the Leading Judgment): The Federal High Court in its judgment delivered in suit No: FHC/IL/CS/2/2016 on 10th October, 2017 by N. I. Afolabi, J. dismissed the appellants’ case. The appellants were unhappy with the latter part of the judgment, thus this appeal.

The background facts are that the appellants via their writ of summons filed on 22nd January, 2016 approached the trial court and sought the following reliefs:

A Declaration that the sales of the (DAF) Truck with Registration Number Lagos XS 247 LSR Engine Number H99011 and Chassis Number XLRTE 47WSOE 419577 belonging to the plaintiff, by the defendants are unlawful and illegal.

A Declaration that the auction of the (DAF) Truckwith Registration Number Lagos XS 247 LSR EngineNumber H99011 and Chassis Number XLRTE 47WSOE 419577 by the defendants, without proper notice to the plaintiffs portends, negligence and mala fide.

An Order setting aside the purported sale of the said DAF Truck with Registration Number Lag…

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