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LIN & ORS
V.
NWAGBARA & ANOR

(2017) JELR 37443 (CA)

Court of Appeal 6 Jun 2017 Nigeria
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- The Respondents, having been acquitted of criminal charges instigated by the Appellants, filed a civil suit before the High Court of Cross River State claiming substantial damages for false imprisonment and malicious prosecution, as well

Case Details

Suit Number:CA/C/355/2014
Judges:CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Counsel:J. Idiege, Esq. with him, Mr. I. Adamaigbu For Appellant Mr. U. Itam For Respondent
Other Citations:(2017) JELR 37453 (CA)

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Cross River State sitting in Akampa delivered on the 10th June, 2014 by AKON IKPEME, J.

The Respondents after being acquitted of criminal charges Initiated against them based on the complaint of the Appellants had taken out a writ of summons at the trial Court against the Appellants seeking the following reliefs:

1. The sum of N150,000,000 being general and/or exemplary/aggravated/punitive damages for the false imprisonment of 1st Claimant in that without any reasonable grounds the Defendants maliciously, malevolently, unconscionably and unlawfully instigated and encouraged the arrest and detention of 1st Claimant at different times and different places.

2. The sum of N200,000,000 general and/or exemplary/aggravated/punitive damages for maliciously, malevolently and unconscionably instigating the prosecution of 1st Claimant without reasonable or probable g…

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