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MR. BOB LIN & ORS V. CLIFFORD NWAGBARA & ANOR

(2017) JELR 37443 (CA)

Court of Appeal  •  CA/C/355/2014  •  6 Jun 2017  •  Nigeria

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

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Cross River State sitting in Akampa delivered on the 10th June, 2014 by AKON IKPEME, J.

The Respondents after being acquitted of criminal charges Initiated against them based on the complaint of the Appellants had taken out a writ of summons at the trial Court against the Appellants seeking the following reliefs:

1. The sum of N150,000,000 being general and/or exemplary/aggravated/punitive damages for the false imprisonment of 1st Claimant in that without any reasonable grounds the Defendants maliciously, malevolently, unconscionably and unlawfully instigated and encouraged the arrest and detention of 1st Claimant at different times and different places.

2. The sum of N200,000,000 general and/or exemplary/aggravated/punitive damages for maliciously, malevolently and unconscionably instigating the prosecution of 1st Claimant without reasonable or probable g…

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