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AIR VICE MARSHALL E.O. AFOLABI V. MRS. OPENIFOLU TEJUOSO & ANOR

(2017) JELR 37938 (CA)

Court of Appeal  •  CA/IB/176/2012  •  11 Apr 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA;

Appearances
Jide Olasite with Gbolahan Oluyemi For Appellant George Mwahajieke for the 1st Respondent.N. I. Ajide-Bello, Principal State Counsel Ministry of Justice, Ogun State, for the 2nd Respondent. For Respondent

Judgement

MODUPE FASANMI, J.C.A.(Delivering the Leading Judgment):This is an appeal against the ruling of the Ogun State High Court of Justice in Suit No. HCT/309/97 delivered on the 14th of June 2012 which allowed the execution of judgment levied on the 12th of February 2012.

By a writ of summons and statement of claim both dated the 22nd of December 1997, Mrs Foluke Mudashiru commenced an action against the Appellant herein as the Defendant claiming the following reliefs to wit:

(1) The sum of N25,300.00 as damages for assault to have been occasioned to the Plaintiff by the Defendant (the Appellant herein) on the 13th of October 1997.

(2) An injunction restraining the Defendant from committing any further act of assault on the Plaintiff.

At the end of the trial, the learned trial Judge on the 15th of October 2002 found the Appellant liable in assault and awarded the 1st Respondent the sum of N6,324,520.00 as damages against the Appellant. The Court also made an order restraining the Appellant fro…

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