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HON. WILLIAMS ETENG & ORS v. OBO EMMANUEL EKPO

(2017) JELR 37283 (CA)

Court of Appeal  •  CA/C/470/2014  •  27 Jul 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants herein were the Respondents at the trial Court in a suit filed by the Respondent herein as Applicant in a Fundamental Rights enforcement procedure. Judgment was entered against the Appellants in favour of the Respondent by B. T. Ebuta , J, of the Calabar Division of the Cross River State High Court in suit No. HC/456/20I3 delivered on the 25th of June, 2014.

Aggrieved by that judgment, the Appellants have appealed against the said judgment.

SUMMARY OF FACTS:

The Respondent was the Driver of the 2nd Appellant who lives in the same area with the 1st Appellant. The Respondent was said to be in the habit of making passes and advances to the 1st Appellants wife at the least opportunity.

The 1st Appellants wife threatened to report to her husband. The Respondent then resorted to sending anonymous love text messages to the 1st Appellant's wife.

The phone number was identified as that of the Respondent, so the 1st …

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