(2018) JELR 38912 (CA)    

Court of Appeal  ·  CA/K/308/2015 ·  23 May 2018 ·  Nigeria
IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
1st respondent
2nd respondent
fair hearing
notice of preliminary objection
writ of summons
civil procedure
civil process act
katsina state
counter affidavit
instant case
learned counsel
1st respondents application
fundamental human rights
appellants application
jurisdiction of the court
kano state high court
leading judgment
oludotun adebola adefope-okojie
provision of order
state of embarrassment
supreme court
allow counsel
anjov teryange esq
appellants compressor
audi alteram partem
case of mv arabella v naic
case of owners of the mv
clear violation of section
enforcement of fundamental right of a citizen
enforcement of his fundamental human rights
following effect
fourth issue
literal meaning
mandatory provisions of section
operatives of the 2nd respondent
order of restraint
originating processes
para d
paras f-a.
ruling of the lower court
said anas
support of the application
violation of his fundamental human rights
written law

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): The 1st Respondent, as Applicant before the Kano State High Court (hereafter referred to as the lower Court) filed an action before that Court, seeking the enforcement of his fundamental human rights against the Applicant and 2nd Respondent. He also sought an order of restraint against them and the sum of N4 Million for lodging a baseless complaint upon which the 2nd Respondent violated his privacy which put him in a state of embarrassment, pains and psychological trauma.

His complaint, as contained in his affidavit in support of the application, is that he bought a compressor from one Anas, now deceased, for the sum of N3.5 Million. To his surprise, about four years later, and after the death of Anas, operatives of the 2nd Respondent came to his house in the morning, followed him to his bedroom to dress, having just taken a bath, and whisked him to their office, where he was detained for one day and one night, …

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