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CBN & ORS
V.
OKOJIE

(2015) JELR 40607 (SC)

Supreme Court 5 Jun 2015 Nigeria
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- The respondent sued the appellants for unlawful arrest, unlawful detention, malicious prosecution, and abuse of legal process. - The trial court entered judgment in favor of the respondent, awarding exemplary and general damages of ₦6,500

Case Details

Suit Number:SC.127/2004
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Counsel:R. Oguneso SAN for the 1st and 2nd AppellantsO. Obeya, with himC. I. Okpoko Assistant Director of Civil Litigation Federal Ministry of Justice for the 3rd to 7th Appellants For Appellant Prince O. Okojie For Respondent

OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): The Respondent as Plaintiff sued the Appellants as defendants on a Writ of Summons and Statement of claim which reads:

"The Plaintiff claims against the Defendants jointly, severally or in the alternative as follows: 

1. The sum of ₦10,000,000.00 (Ten Million Naira) being the sum for unlawful arrest, unlawful/wrongful detention, Malicious prosecution and abuse of Legal process.

2. And for such further orders the court deems fit to meet with the Justice in this case."

The Plaintiff filed a thirty-five paragraph statement of claim on the 10th day of February 1997.

The Appellants i.e. the 1st and 2nd Defendants filed a 4 paragraph statement of defence on the 5th day of March, 1997.

The 3rd to 7th Appellants as the 3rd to 7th Defendants did not file a statement of defence.

At the trial which commenced on the 21st day of January, 1998 it was only the Respondent as Plaintiff who testified in support of his case. Documents were ad…

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