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MAINSTREET BANK & ORS v. MR. OLUGBENGA STEPHEN AMOS & ANOR

(2014) JELR 36505 (CA)

Court of Appeal  •  CA/L/789/2011  •  10 Jul 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court of Lagos delivered on 10th of June, 2011. The Respondents as applicants commenced on action against the Appellants as Respondents under the Fundamental Rights (Enforcement Procedure) Rules 2009 with leave of court. The Respondents claimed the following reliefs.

(a) A Declaration that the forceful detention of the applicants 2 Little children aged 7 and 5 respectively and 2nd applicant being hypertensive without allowing her access to take her drugs at Abuja from 25th August, 2009 to 27th August, 2009 without an order of court and torte constitutes an infringement of the applicants fundamental rights guaranteed and protected by S.35(1), (4) and (5) and 34(1) (a) of the 1999 Constitution.

(b) A declaration that the arrest or continued threatened arrest, harassment, intimidation, extortion and detention of the 2nd applicants without an order of court and tortu…

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