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MAIGORO
V.
GARBA

(1999) JELR 40931 (SC)

Supreme Court 15 Jul 1999 Nigeria
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- The Supreme Court struck out the appeal on the grounds that all five grounds of appeal were of fact or mixed law and fact, for which leave was required under section 213(3) of the 1979 Constitution but not obtained. - Key principle: Appea

Case Details

Suit Number:SC.109/1993
Judges:ABUBAKAR BASHIR WALI JSC MICHAEL EKUNDAYO OGUNDARE JSC OKAY ACHIKE JSC AKINTOLA OLUFEMI EJIWUNMI JSC EMMANUEL OLAYINKA AYOOLA JSC
Counsel:Appellant absent and unrepresented; J. D. Moze For the Respondent.
Other Citations:Maigoro v. Garba (1999) 10 NWLR (Pt.624) 555 (1999) 7 S.C (Pt III) 11

A. O. EJIWUNMI, J.S.C: (Delivering the Leading Judgment): In the High Court of Yola, holden at Yola, the plaintiff (now appellant) commenced this action against the defendant (now respondent) in Suit No. GGSY/11/89. By paragraph 15 of his Statement of Claim, dated 11th April, 1989, the appellant's claims against the defendant were as follows:-

"By reasons of the matters aforesaid, the plaintiffs was wrongfully detained in police cell, and deprived of his liberty, and has greatly injured his credit, character and reputation and portrayed falsely as an arsonic (sic) criminal has been put to contempt, ridicule to his family and the entire public and has been put to considerate trouble, inconvenience, and anxiety.

(i) An injunction against the defendant his agents, servants, privies however from further false malicious prosecution, defamation, or criminal allegation however against the plaintiff.

(ii) And the plaintiff claims against the defendant the sum of N500,000.00 (Five hundred th…

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