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MARYLAND COMPREHENSIVE SECONDARY SCHOOL, OLABODE & ORS v. MASTER MERHDOR ATTAH NORMAH-AWOH & ORS

(2017) JELR 37224 (CA)

Court of Appeal  •  CA/L/918/2015  •  7 Jul 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; BIOBELE ABRAHAM GEORGEWILL JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, JCA (Delivering the Leading Judgment): The appeal is from the judgment of the High Court of Lagos State (the Court below) enforcing the fundamental rights of the 1st respondent to personal dignity with the compensatory award of ₦750,000 damages against the appellants in favour of the 1st respondent.

The facts in summary were that the 1st respondent was allegedly ordered by the 2nd appellant to be stripped naked at the emergency public assembly of the 1st appellant for allegedly kissing a female student in public on the school ground. The Court below found the act of the appellants in breach of the 1st respondent's fundamental right to personal dignity and awarded ₦750,000.00 damages against the appellants; hence the appeal.

The appellants argued in their brief that the allegation of stripping the 1st respondent naked by the 2nd appellant was vehemently denied by the appellants in their counter affidavit in pages 174-189 of the record of appeal (the record) but th…

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