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MR. NICHOLAS IGBOKWE v. CHRISTIAN EDOM & ORS

(2015) JELR 36716 (CA)

Court of Appeal  •  CA/PH/613/2008  •  6 Aug 2015  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Imo State High Court in Suit No. HME/18/2006 delivered by Hon. Justice F.I. Duroha-Igwe on 14/11/2006, wherein the trial Court gave Judgment to 1st Respondent, holding that his fundamental rights had been violated by the Appellant (who was the 3rd Respondent in the Suit) and 2nd and 3rd Respondents herein. The trial Court had held and ordered, as follows:

"(a) That the harassment, intimidation and threat of arrest and detention of the Appellant by the Respondents is unlawful and an infringement of Applicant's Fundamental Right guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria 1999.

(b) That the seizure and detention of Applicant's two vehicles, Peugeot 505 vehicle with Registration No. BJ 324 PHC and Concorde Mercedes Benz (unregistered) since 23/2/2006 by the Respondents is an infringement of the Applicant's Fundamental Right to movable property guaranteā€¦

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