JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the Kogi State High Court sitting at Kabba which was delivered on the 24th day of July 2006.
By Paragraph 21 of the further amended Statement of Claim, the Appellant as Plaintiff at the lower Court claimed against the Respondents jointly and severally the following reliefs:-
"(i) A declaration that the directive of the 1st Defendant to the 2nd Defendant ordering the detention of and the actual detention by the Defendants of the Plaintiff's 130G Gat Grader in Ogidi, Ijumu Local Government Area of Kogi State where it was used to grade roads under a hire agreement between the Plaintiff and Master Concepts Nigeria Limited, is wrongful, illegal and unconstitutional.
(ii) An order that the Defendants return the Plaintiff's 130G Gat Grader to the Plaintiff's yard at Esomi-Checkpoint in Okene, Kogi State or to pay the Plaintiff the sum of ₦50,000 being the cost of transporting the grader fro…