KALIO & ANOR
V.
DAWARI & ORS

(2018) JELR 39061 (CA)    

Court of Appeal  ·  CA/PH/201/2014 ·  27 Apr 2018 ·  Nigeria
CORAM
ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
applicants
appellants
3rd respondents
1st appellant
constitution of the federal republic of nigeria
2nd appellant
fundamental rights
2nd applicant
1st applicant
learned trial judge
7th respondents
personal liberty
african charter
criminal offence
suit no. phc
lone issue
provisions of sections
1st 3rd respondents
applicants application
basis of facts
beneficiary of the will
lower court
port harcourt
said funds
unlawful arrest
1st applicants
2nd applicants
2nd respondents
4th 6th respondents
adopted child
appellants application
decision of the high court of rivers state
enforcement of their fundamental rights
enjoyment of the proceeds of the estate
enshrined right of the 1st applicant
exhibit a
exhibit c
following reliefs
fundamental right
further invitation of the 2nd applicant
human person
joint counter affidavit
leading judgment
madam irene a. george
order of perpetual injunction
paragraph affidavit
peoples rights
police intervention
proceeds of the estate of the 1st applicants
respective briefs of argument

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the High Court of Rivers State (hereinafter to be known as trial/lower Court), delivered by Hon. Justice S. C. Amadi in suit No. PHC/377/2013 on 14th October, 2013, dismissing the applicants/appellants application for the enforcement of their fundamental rights to personal liberty, freedom from discrimination, freedom of movement, freedom from unlawful arrest and detention and freedom from prosecution for act not constituting a criminal offence.

The applicants application which is dated and filed 22nd February, 2013 and brought pursuant to Sections 33, 34, 35, 36(8), 41 and 42 (2) of the Constitution of the Federal Republic of Nigeria, 1999, and Articles 4, 5, 6, 7(e), 14(1) and 17 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, (Cap. A9), 2004, Order II Rules 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and the inhe…

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