MR. GABRIEL ULEKE & ANOR V. PRINCESS BENEDICT A. KAKWA & ANOR
(2013) JELR 35781 (CA)
Court of Appeal
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CA/C/193/2010
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17 Apr 2013
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Nigeria
Coram
MOHAMMED LAWAL GARBA JCA;
JOSEPH TINE TUR JCA;
ONYEKACHI A. OTISI JCA;
Appearances
Mr. E. A. Ubua, Esq. For Appellant
Mr. J. K. Omang, Esq. For Respondent
Judgement
<p>MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellants had filed a writ of summons and statement of claim on the 16/7/2010 at the High Court of Cross River State, Obudu against the Respondents for the following reliefs: </p><p> 1. A declaration that the seizure of claimants' Peugeot 504 saloon car bearing engine number FX 3965045 X and Chassis No. VF 3504 Mo 106049832 by the Defendants is wrongful and illegal.</p><p> 2. The sum of N5,000,000.00 (Five Million Naira) as general and special damages for wrongful seizure/detention of the car.</p><p> 3. An order directing the defendants to return the said car to claimants in a good condition and repair forthwith. (See pages 1, 2 and 5 of the records).</p><p> The Appellants also filed two motions for injunction; one ex-parte and the other on notice which were later transferred along with the suit, to the Ogoja Division of the High Court where the learned counsel moved the ex- parte motion on the 23/7/2010. Ruling on the ex parte motion was deliv…</p>