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BERNARD ANOGWIE & ORS v. EBERE ODOM & ORS

(2016) JELR 37035 (CA)

Court of Appeal  •  CA/OW/337/2014  •  24 Mar 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Imo State, in suit No. HOW/401/2014, delivered on 23rd June, 2014 by Hon. Justice B.B. Ukoha, wherein the trial Court granted the reliefs sought by the Applicants (Appellants herein), except relief 5, which sought ₦10,000.000.00 (Ten Million Naira) as damages for unlawful detention and torture. The appeal is therefore against only that part of the decision of the Lower Court, refusing to grant Applicants? relief, No. five (5).

The claims at the Lower Court were by originating motion, for enforcement of Fundamental Rights, and the Reliefs were:

"(1) A declaration that the arrest and detention of the 1st-4th Applicants by the Respondents from 29th May, 2014 till date, for a civil claim made by the 1st Respondent against the Applicants, was done without lawful justification and contravenes Section 35 of the Constitution of the Federal Republic of Nigeria 1999, as amended …

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