(2003) JELR 44823 (CA)    

Court of Appeal  ·  CA/J/197/99 ·  15 May 2003 ·  Nigeria
Other Citations
Afribank (Nig.) Plc. v. Onyima [2004] 2 NWLR (Pt.858)654
Afribank (Nig.) Plc v. Onyima (2004) 2 NWLR (Pt. 858) 654
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
general damages
false imprisonment
1st defendant
police station
learned trial judge
2nd respondent
unlawful arrest
high court
probable cause
criminal offence
award of n250,000.00
bauchi state
aggravated general damages
briefs of argument
commissioner of police
commissioner of police bauchi state
detention of the respondents
evidence show
imprisonment of the plaintiffs
2nd plaintiffs
bank area manager
bank manager of the appellant
consequent arrest
defamation of the character of the 1st respondent
evidence of aggravation of damages
evidence of malice
evidence of pw2
following submissions
high court of justice bauchi
learned author of paget
letter of the appellant
only appellant
procedural matters
rules of this court
said car
search of other debtors of the bank
see walters v
staff of the appellant
submission of the learned counsel
substance of the issues
totality of evidence

IFEYINWA CECILIA NZEAKO, J.C.A. (Delivering the Leading Judgment): On 13th December, 1996, Heman J., sitting at the High Court of Justice Bauchi in Bauchi State, Nigeria, delivered judgment in a suit filed by the plaintiffs. In the suit, the plaintiffs who are now respondents in this appeal, claimed from two defendants, viz; the Commissioner of Police Bauchi State and the appellant herein, a Banking Institution, N5 million, being aggravated general damages for unlawful arrest and detention of the respondents and the sum of N2 million being general damages for defamation of the character of the 1st respondent, arising from the letter of the appellant, dated 14/9/95, alleging that the 1st respondent had fraudulently, overdrawn his account with the appellant/bank.

The claim was made against the defendants jointly and severally.

The 1st defendant/bank filed had exchanged pleadings with the plaintiffs, but the 2 defendant, the Commissioner of Police, though duly served, neither entered an …

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