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HAMMED KOLAPO & ORS. V. MR. OFOMA NZEDINMA & ANOR

(2011) JELR 37646 (CA)

Court of Appeal  •  CA/I/238/07  •  12 Dec 2011  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; ADZIRA GANA MSHELIA JCA; MODUPE FASANMI JCA;

Appearances
Appellants absent For Appellant B. O. Okeke Esq. with J. Ujah (Esq.) For Respondent

Judgement

STANLEY SHENKO ALAGOA. J.C.A., OFR, (Delivering the Leading Judgment): This is an appeal against the judgment of Sanda J. of that Court the present Respondents as Plaintiffs had claimed against the Appellants as Defendants as follows -

1. Declaration against the Defendants jointly and severally is for the sum of N2 Million Naira as general damages for the assault and battery committed by the 1st-7th Defendants when they acting in concert and under the instruction of the 8th and 9th Defendants physically beat the Plaintiffs with bamboo canes on 3/7/2002 without the Plaintiffs' permission or consent at 15 Lebanon Street, Old Gbagi, Ibadan.

2. Perpetual Injunction restraining the Defendants by themselves, their agents, servants, privies whosoever or howsoever, called from further assaulting, threatening to assault and battering the Plaintiffs.

Pleadings were filed and exchanged by the parties, wherein the Defendants denied beating or assaulting the plaintiffs in their statement of defen…

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