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OTERI V. OKORODUDU & ANOR

(1970) JELR 33405 (SC)

Supreme Court  •  SC.39/1968  •  1 May 1970  •  Nigeria

Coram
IAN LEWIS JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

LEWIS, JSC (Delivering the Leading Judgment):-The plaintiff's claim before the Warri Chief Magistrate in suit MW /287/62 read:-

"The plaintiff's claim against the defendants jointly and severally is for the sum of 250pounds (Two hundred and fifty pounds) being general damages suffered by the plaintiff as a result of the defendant's false imprisonment of the plaintiff at Warri and Ajamagha village, Warri, within the Warri Magisterial District.

At all material times the plaintiff was an employee of the Post and Telegraphs Department, Nigeria, Agbadu, Central Urhobo while the 1st and 2nd defendants were messenger and rate clerk respectively of the Warri Divisional Council, Ekurede, Warri.

The 1st defendant, on the 25th day of September, 1962, at about 7 a.m., without lawful justification, arrested the plaintiff at Igbudu, Warri upon a false charge, then made by the 1st defendant, of failing to pay tax or rate in respect of the current financial year, and forcibly dragged and took the pla…

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