ADINDU NZE V. CHRISTIAN NJOKU & ORS

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed on 18/8/2011 by the appellant, (1st defendant at the lower Court) against the decision of Imo State High Court Holden at Owerri delivered on 19/5/2011 in Suit No: HON/459/2008.

By Paragraph 25 of their amended statement of claim, the plaintiffs (now the 1st-3rd Respondents) claimed against the defendants (now appellant and 4th- 6th Respondents) as follows.

1. By virtue of the foregoing the plaintiff have suffered damage and therefore claim as follows:

i. A declaration that the arrest and detention of the plaintiffs by the 2nd Defendant based on a false report of arson made by the 1st Defendant is illegal, unconstitutional, null and void and no effect whatsoever.

ii. A declaration of Court that the said false report of arson by the 1st Defendant against the Plaintiff is a deliberate attempt by the 1st Defendant to subvert the cause of justice and frustrate investigation in …