PAXSON NIGERIA COMPANY LIMITED & MR. PAUL OVU NNANNA V. ENUGU NORTH LOCAL GOVERNMENT COUNCIL
(2021) JELR 107129 (CA)
Court of Appeal
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CA/E/435/2015
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10 May 2021
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Nigeria
Coram
Mohammed Ambi-Usi Danjuma, JCA
James Shehu Abiriyi, JCA
Muhammed Lawal Shuaibu, JCA
Appearances
C. C. Eze, Esq. for the Appellants;
Respondent served hearing notice on 11/2/21 through counsel J. Aneke who did not attend Court on 18/2/21 when the appeal was heard and did not excuse his absence or absence of his client.
Judgement
<p><strong>JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): </strong>This appeal is against the judgment delivered on 29th September, 2015 in the Federal High Court, Enugu Judicial Division sitting at Enugu.</p><p>In the Federal High Court (the Court below) by a motion on notice brought pursuant to Section 36(1), (2)(a) and (b) of the 1999 Constitution FRN and Sections 3(1) (2), 5 and 14 of the African Charter on Human and Peoples’ Rights, the Appellants who were Applicants prayed for the following reliefs:</p><p>(1) A DECLARATION that the Respondent violated the Applicants’ Fundamental Right as enshrined in Sections 36(1) 2(a) (b), of the Constitution of the Federal Republic of Nigeria 1999, Sections 3 (1) (2) 5, 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act when the respondent forcefully seized, impounded and detained the applicants’ properties/goods to wit; 25 cases of Eco Midi and 10 cases of Pampers Maxi since 30/6/2014 without any Court order.</p><p>(2) A DECLAR…</p>