Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 39009 (SC)    

Supreme Court  ·  SC. 601/2013 ·  8 Jun 2018 ·  Nigeria
Other Citations
Nwachukwu v. Nwachukwu (2018) 17 NWLR (Pt. 1648) 357
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
fundamental rights
enforcement procedure
matrimonial home
trial court
lower court
family life
learned trial judge
constitution of the federal republic of nigeria
matrimonial causes act
claims of the appellant
support of the application
fundamental right
government of gongola state
judgment of the court of appeal
personal belongings
affidavit evidence
ambit of matrimonial dispute
claim of the plaintiff
clear violation
competence of an action vis
consideration of issue
following reliefs
infraction of the applicants
issue of jurisdiction
judgment of the trial court
known infected h.i.v. victim
leading judgment
main plank of the claim
mandatory order of court
matrimonial matters
merit of the application
order of injunction
physical torture of the applicant
private life of the applicant
removal of the private properties
respondent proved torture
ruling of the high court of imo state
suit no. ham
unjustified violation of the applicant
violation of the applicant
welfare department of the ahiazu mbaise
wife of 1st respondent

WALTER SAMUEL NKANU ONNOGHEN, CJN (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Holden at Owerri, in appeal No. CA/OW/123/2009 delivered on the 10th day of January, 2013 in which the Court set aside the Ruling of the High Court of Imo State in suit No. HAM/65M/2008 delivered on the 23rd day of March, 2009 in which the Court granted the reliefs claimed by the applicant under the Fundamental Rights (Enforcement Procedure) Rules, 1979.

The appellant, who was the applicant at the trial Court, claimed the following reliefs:-

"(a) A Declaration that the physical torture of the applicant, harassment, embarassment, inhuman and degrading treatment meted out to the applicant by the respondents and their hired thugs are a violation of the applicant's fundamental right to the dignity of the human person as guaranteed under Section 34(a) of the 1999 Constitution of the Federal Republic of Nigeria.

(b) A Declaration that the removal of the private prope…

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