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EZE OKOYE CHIMEBELE & ANOR v. MR. TOCHUKWU EDEH & ORS

(2017) JELR 38141 (CA)

Court of Appeal  •  CA/OW/189/2014  •  23 Mar 2017  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment):This is an appeal against the decision of the High Court of Abia State of Nigeria, holden at Aba (hereinafter called the lower Court), delivered on the 15th day of July, 2013 by Hon. Justice Onuoha A. K. Ogwe, J. The action which culminated in this appeal was commenced by the applicant/1st respondent vide a motion on notice dated the 18th day of March, 2013 and filed on the 21st day of March, 2013 for the enforcement of his fundamental rights. The applicant/1st respondent (hereinafter referred to as the 1st respondent) by the said motion on notice sought for the following reliefs:

(a) AN ORDER that the arrests, harassments, humiliations, molestations, torture and detention of the Applicant by the agents of the 3rd Respondent at the investigation of the 1st and 2nd Respondents without any lawful and justifiable cause is unconditional wrongful, unlawful, null, void and therefore an infringement on the Applicants Rights …

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