Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38894 (CA)    

Court of Appeal  ·  CA/E/195/2014 ·  27 Apr 2018 ·  Nigeria
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
4th appellants
2nd appellants
false imprisonment
1st appellant
3rd appellant
record of appeal
2nd appellants children
compound of the 5th defendant
counter claim
evidence of dw1
1st defendant
appellate court
evidence of dw2
2nd appellant
3rd defendant
5th appellant
5th appellants house
5th defendant
alleged threat
general damages
weight of evidence
above submissions
circumstances of this case
following issues
material facts
respondents mother
2nd appellants lives
4th day of january
appellants counter claim
assistant inspector general of police
children of the 2nd appellant
clear admission
contradictory evidence
enforcement of fundamental rights
ensuing argument 1st defendant
essence of award of damages
father of the 2nd-4th appellants
further amended statement of claim
further assault
high court of anambra state
instruction of 1st defendant
leading judgment
misitura omodere bolaji-yusuff
respondents brother
said witness

MISITURA OMODERE BOLAJI-YUSUFF, JCA (Delivering the Leading Judgment): All the parties in this appeal are members of Umudioka Village, Okija and they reside in Onitsha. The respondent who was the plaintiff at the Court below alleged that the 1st and 2nd appellants who are husband and wife invited him to their house sometimes in the year 2000 where they requested him to go into a relationship with a widow. He was then a bachelor. When he turned down their request, they alleged that his own mother engaged in such relationship when his father passed away. He confronted his mother with the allegation and his mother did not only deny the allegation, she informed her relatives and kinsmen about the allegation. Her kinsmen approached the father of the 2nd-4th appellants, Ikechukwu Nnubia, the 5th defendant at the Court below who is not a party in this appeal with kola nuts and requested him to invite the 1st and 2nd appellants for explanation on the allegation. The 5th defendant organized th…

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