CaseLaw
Oguigo & Sons V. COP (1991) CLR 4(m) (CA)
Brief
Facts
The plaintiff is a limited liability company engaged in haulage business using therefore, its vehicle, a trailer lorry registered as No. BD 5143 E and later changed to BDSG 3246. On or about the 23d of November, 1984 the said lorry, on hire to a customer, was conveying some goods, to wit, lantern globes and cartons of Lipton (or red rose) tea from a port in Warri to its destination in Onitsha. In the course of the journey, at Effurun junction, members of the Nigerian Police Force under the command of the Commissioner of Police, Bendel State intercepted and seized the vehicle presumably on the suspicion that the goods were contraband or smuggled goods. The vehicle was kept in police custody and subsequently by the orders of the Military Governor based on directives from Army Headquarters Lagos. The vehicle was allocated for official use to the Permanent Secretary, Ministry of Works and Housing, Bendel State. Representations for its release yielded no dividend
The plaintiff then filed an action in the High Court making several claims.
The parties gave evidence by calling witnesses, but the defendants failed to call the Police Officers who investigated the case.
In his judgment, the Judge ordered the release of the plaintiff’s vehicle. He however suo motu invoked the provisions of Section 156(2)(b) of the Customs and Excise Management Act, 1958 to dismiss the claim for special and general damages under the third and fourth heads of claim.
Dissatisfied, plaintiff appealed to the Court of Appeal.
Issues
Whether the learned trial Judge was wrong in failing to award damages to the...