MR. Solomon Kporharor & Anor V. MR. Michael Yedi & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (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 & 1 OR VS SOLOMON KPORHAROR & 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 order directing the Respondents, their agents, privies and/or servants to release forthwith that entire

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D7G bulldozer plant with Engine No. 3306 3N60872/4N4506 and Chassis No 92V499/8P5458 to the Applicants herein.

(c) An order of this Honourable Court directing the 1st Respondent to pay the sum of (N60,000.00) Sixty thousand Naira per day being agreed daily cost of hire of all that D7G bulldozer plant with Engine No. 3306 3N60872/4N4506 and Chassis No. 922V499/8P5458 until the same is released to the Applicants herein.

(d) An order of injunction restraining the Respondents, by themselves, their agents, privies and/or servants from further seizing and or detaining all that D7G bulldozer plant with Engine No. 3306 3N60872/4N4506 and Chassis No. 92V499/8P5458.

The lower Court in granting leave to the 1st and 2nd Respondents to enforce their rights against the Appellants and 3rd and 5th Respondents, equally made other orders including an order directing the Respondents including the Appellants to release forthwith all that D7G bulldozer plant with Engine No. 3306 3N60872/4N4506 and Chassis No. 92V499/8P5458 to the 1st and 2nd Respondents pending the determination of the motion on notice.

Upon the service of the motion on notice and the enrolled

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order of Court on the Appellants, the Appellants filed a counter affidavit to the motion on notice and equally filed an application asking the lower Court to stay Order No. 2 made by the Court ordering the Respondents including the Appellants who were Respondents to release forthwith the said D7G bulldozer to the Applicants and to strike out the said Suit No. EHC/M/65/2005 for (1) being incompetent and (2) that the facts disclosed in the grounds for the relief sought in the application are not Fundamental Rights issues.