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MRS. NGOZI CHILE OPARAOCHA & ANOR v. BARR. EMEKA A OBICHERE & ORS

(2016) JELR 36828 (CA)

Court of Appeal  •  CA/OW/121/2013  •  26 May 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK O. OHO, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Imo State Holden at Mgbidi and delivered on 25th day of February, 2013 by K. A. ORJIAKO, J in which the 1st Respondent as Applicant commenced the action via a Motion on Notice dated the 8th day of December, 2012 for the Enforcement of his Fundamental Human Rights to personal liberty, Freedom of movement and dignity of human person as guaranteed under sections 34, 35 and 41 of the 1991 Constitution of the Federal Republic Nigeria (As amended).

The Application had in its support an affidavit of 30 paragraphs together with Exhibits thereto and the Written Address of Counsel seen at pages 1 to 27 of the Records of Appeal. The 1st and 2nd Appellants then as 1st and 2nd Respondents in reaction to the affidavit of the 1st Respondent filed their Counter Affidavit of 24 paragraphs with Exhibits thereto and a Written Address of Counsel filed on 17th December, 2012 seen at pages…

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