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GENESIS FAST FOOD & EVENTS CENTER, PORT HARCOURT & ANOR
V.
ABOLI & ORS

(2026) JELR 115130 (CA)

Court of Appeal 15 May 2026 Nigeria
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- The Respondent (Applicant at trial) sought enforcement of fundamental rights against Genesis Fast Food and Events Center, Port Harcourt (Genesis Group) and others, alleging unlawful eviction and police involvement, under Sections 33, 34,

Case Details

Suit Number:CA/PH/FHR/194/2021
Judges:Ugochukwu Anthony Ogakwu JCA, Bature Isah Gafai JCA, Zainab Bage Abubakar JCA
Counsel:J. Elumeze, Esq. For The Appellants. Elder David O. Abuo For The 1st Respondent. The 2nd and the 3rd Respondents are absent and not represented by Counsel.
Location:Port Harcourt

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Judgment): The 1st Respondent herein, as the Applicant before the Federal High Court, Port Harcourt Judicial Division in SUIT NO. FHC/PH/FHR/60/2020: MRS. ROSEMARY MOSES ABOLI vs. GENESIS FAST FOOD AND EVENTS CENTER, PORT HARCOURT (GENESIS GROUP) & ORS. applied for the enforcement of her fundamental rights to life, to dignity of human person, to personal liberty, to private and family life, to fair trial, to freedom of association, to own movable and immovable property, and to freedom of movement as guaranteed under Sections 33 (1); 34 (1) (a), (b); 35 (1); 36 (5) (a), (b), (6); 37; 41; 43; 44 (1); and 46 (1), (2) of the 1999 Constitution.

The lower Court found merit in the application and held that from the processes filed, the 1st Respondent had shown that there had been an infringement of her fundamental rights. It awarded the sum of N10,000,000.00 in favour of the 1st Respondent as special, exemplary, and general damages. It how…

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