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BONIFACE EZEADUKWA V. PETER MADUKA & ANOR.

(1997) JELR 45429 (CA)

Court of Appeal  •  CA/E/201/95  •  16 Jun 1997  •  Nigeria

Coram
OKAY ACHIKE JCA; NIKI TOBI JCA; EUGENE CHUKWUEMEKA UBAEZONU JCA;

Judgement

TOBI J.C.A.(Delivering the Leading Judgment): The 1st respondent as applicant in the lower court filed a motion exparte under the Fundamental Rights (Enforcement Procedure) Rules for leave to enforce his fundamental rights against the appellant, who was the 1st respondent in the Court and the 2nd respondent, Mr. Okonkwo. The motion was granted on 26th April, 1989. On 16th June, 1989, the 1st respondent filed the motion on notice. On 7th July, 1989, the 1st respondent filed a motion on notice dated 5th July, 1989 praying the lower court alia for an "order extending time within which to file the motion on notice in the above suit in respect of the Applicant's Fundamental Rights, the statutory filing period having expired". The application was granted on 16th October, 1989 as prayed. The matter was heard. On 2nd December, 1994, judgment was given in favour of the appellant. The court granted the injunction sought, awarded exemplary damages of N15,000.00 and general damages of N10,000.00.…

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