MRS UCHECHI NWACHUKWU V. HENRY NWACHUKWU & ANOR

WALTER SAMUEL NKANU ONNOGHEN, CJN (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Holden at Owerri, in appeal No. CA/OW/123/2009 delivered on the 10th day of January, 2013 in which the Court set aside the Ruling of the High Court of Imo State in suit No. HAM/65M/2008 delivered on the 23rd day of March, 2009 in which the Court granted the reliefs claimed by the applicant under the Fundamental Rights (Enforcement Procedure) Rules, 1979.

The appellant, who was the applicant at the trial Court, claimed the following reliefs:-

"(a) A Declaration that the physical torture of the applicant, harassment, embarassment, inhuman and degrading treatment meted out to the applicant by the respondents and their hired thugs are a violation of the applicant's fundamental right to the dignity of the human person as guaranteed under Section 34(a) of the 1999 Constitution of the Federal Republic of Nigeria.

(b) A Declaration that the removal of the private prope…