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CHIEF MFON JOHN UMOAKAN v. CHIEF ITOHOWO OKON IKPAISONG & ORS

(2016) JELR 41613 (CA)

Court of Appeal  •  CA/C/53/2012  •  23 Mar 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant was the 1st Defendant at the trial Court in a Fundamental Right Enforcement proceeding filed by the Respondents herein as Applicants. Judgment was entered against the Appellant in favour of the Respondents by P. P. Idiong, J, of the Ukanafun Division of the Akwa Ibom State High Court in Suit No. HUK/MISC/21/2010 on the 13/6/2011.

Aggrieved by that decision, the Appellant has appealed against the said judgment.

The Respondents as Applicants at the trial Court sought the following reliefs:

"(a) An Order restraining the Respondents, servants, Agents, Privies, however, from harassing, intimidating, hunting for, inviting, arresting and detaining the Applicants on the pretext of interviews, investigation or other unlawful acts of incarcerations.

(b) A Declaration that the arrest and detention of the 1st, 2nd, 4th, 9th Applicants, the continuous hunt for the Applicants for arrest and detention, harassment, intimid…

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