Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DIAMOND BANK & ANOR
V.
IRECHUKWU & ORS

(2018) JELR 38954 (CA)    

Court of Appeal  ·  CA/PH/175/2015 ·  29 Jun 2018 ·  Nigeria
CORAM
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
appellants
applicant
personal liberty
exemplary damages
learned trial judge
2nd respondents
detention of the 1st respondent
detention of the applicant
exhibit a.
senior counsel
4th respondents
gross violation of the applicants
refinery police station
gross violation of the 1st respondents
rivers state
copy of a document
custody of the 4th respondent
further arrest
incident of contract
learned judge
loan transaction
1st respondents brief of argument
act of conversion of mack truck
appellants brief of argument
applicants mac truck
borrower fails
cap c41
copy of the letter of offer
detention of the application
following orders
following reliefs
following terms
front page
fundamental rights
leading judgment
learned trial court
life camp eleme
life camp eleme rivers state
loan agreement
loan repayment
management of diamond bank plc
paragraphs affidavit
particular facts of each case
points of law
possession of the 1st respondent
proceedings of the lower court
recovery of truck
theresa ngolika orji-abadua
trial court

BITRUS GYARAZAMA SANGA, JCA (Delivering the Leading Judgment): This appeal is from the judgment of the Federal High Court Port Harcourt Judicial Division H. A. Nganjiwa J., presiding in Suit No. FHC/PH/CS/476/2010 delivered on 13th December, 2013. The 1st Respondent as Applicant commenced the suit via an Originating Motion on Notice dated and filed on 15th September, 2010 pursuant to Order 2 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009 wherein he sued the Appellants seeking for the following reliefs:

a) A DECLARATION that the detention of the application at Refinery Police Station, Life Camp Eleme, Rivers State from the 26th April, 2010 to 30th April, 2010 by the 3rd and 4th Respondents at the instance and instigation of the 1st and 2nd Respondents, is a gross violation of the applicants right to personal liberty as guaranteed under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999.

b) AN ORDER, compelling the respondents to tender an unre…

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