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S. KAWU, J.S.C. (Delivering the Leading Judgment): In the substantive action in the High Court of Lagos State, the appellant in this appeal, as plaintiff, issues a writ on the 19th day of November, 1979, claiming against the respondent herein, the sum of N5,000,000 (Five million Naira) "being general and special damages for the torts of false imprisonment, malicious detention, malicious arrest, injurious falsehood and conspiracy." Subsequently, a statement of claim was filed and thereafter the respondent filed a statement of defence. The appellant claimed that he was arrested and detained by the respondent by virtue of detention order No.230 of 30th March, 1978 issued pursuant to Decree No.24 of 1967. This averment was admitted by the respondent in the statement of defence.
In January 1984, the respondent filed an application under Order 18 rule 11 of the Rules of Supreme Court of England which is in pari materia with Order 22 rule 2 of the Rules of Lagos State praying the Court "that…