DIAMOND BANK PLC V. CHIEF IGNATIUS IKE OKPALA

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff, filed an action, the subject of this appeal in the High Court of the Federal Capital Territory for -

"i. A Declaration that the arrest and detention of the plaintiff by the staff of the defendant is unlawful and constitutes a false imprisonment of the plaintiff.

ii. An order of this Court mandating the defendant to return to the plaintiff a Diamond Bank Cheque No. 490439 forcefully taken away from the plaintiff by the defendant.

iii. N20,000,000.00 (Twenty million naira) only aggravated general damages for false imprisonment of the plaintiff.

iv. Cost of this action".

The facts of the case are simple. On September 14, 2006, the respondent alleged that he presented a cheque for payment to the appellant, issued to him by Igweonu Associates Nigeria Limited, a customer of the appellant; for the sum of N3,000,000.00 (Three million Naira). Instead of being paid, the appellant unlawfully arrested and…