(2017) JELR 39785 (CA)    

Court of Appeal  ·  CA/I/10/2011 ·  24 Feb 2017 ·  Nigeria
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondent
fundamental rights
3rd applicant
learned trial judge
trial judge
1st respondent
3rd applicants
constitution of the federal republic of nigeria
fundamental right issue
government of gongola state
royal hall junior school
principal claim
debt recovery agent
engagement of the 1st respondent
ogbagba court
such arrest
1st respondent commission
c.s.c. plateau state
own property
provisions of chapter iv
support of the application
way of arrest
18th day of september
1st leg of the claim
3rd applicants premises
action of the 1st respondent
back ground facts of the case
bank debtors
breach of the fundamental rights of the applicants
breach of their fundamental rights
claim of the plaintiff
determination of their civil rights
enforcement of the fundamental right
enforcement of their fundamental rights
following reliefs
fundamental rights of the applicants
general damages
high court of ogun state
main claim of the applicant
main gate
officials of the respondents
ogun state
payment of the credit facility
proceedings vide application
provision of loan facilities
respect of the events
rights of the applicants of the applicants
scope of the jurisdiction of the high court
virtue of sections

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): The appellants, consequent upon leave at the High Court of Ogun State granted them on 5/9/2009 commenced proceedings vide application for the enforcement of their fundamental rights to dignity of human person, fair hearing, private and family life, to acquire and own property, freedom of movements and to seek the following reliefs set out in their originating motion of 28/9/2009.

(a) A declaration that the 1st Respondent is not a debt recovery agent and cannot whether by threat, coercion, blackmail or howsoever enforce payment of the credit facility granted to the 3rd Applicant by the 2nd Respondent, which said credit facility is the subject of a private ongoing and subsisting contract entered into between the 3rd Applicant and the 2nd Respondent.

(b) A declaration that the 2nd Respondent cannot by way of arrest, harassment, intimidation or detention seek to enforce the repayment of the credit facility granted by the 2nd Resp…

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