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NWARATA
V.
EGBOKA

(2005) JELR 51384 (CA)

Court of Appeal 16 Feb 2005 Nigeria
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- The plaintiff claimed that his arrest and detention by the defendant was unconstitutional, illegal, and in violation of his rights. - The defendant counter-claimed for damages for embarrassment and for the value of engine and spare parts

Case Details

Suit Number:CA/IL/2/2004
Judges:ABOYI JOHN IKONGBEH JCA TIJJANI ABDULLAHI JCA
Counsel:Chief Wole Olanipekun SAN (withhim, Shina Ibiyemi Esq.,E. Amadi Esq.) - for the Appellant. -*- B. O. Odejayi Esq. - for the Respondent E

MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): The plaintiff in his amended statement of claim claimed against the defendant (now respondent) as follows:

“a. A declaration that the arrest and detention of the plaintiff by the defendant from 16th May, 2001 to 18th August, 2001 is unconstitutional, illegal, wicked, malicious, inhuman, unjust, barbaric, dehumanizing and constitutes a gross violation of the plaintiff’s rights to personal liberty, freedom from inhuman treatment, dignity of human person and freedom of movement.

b. A sum of ₦50,000.00 being special damages.

c. A sum of ₦200 million on the footing of aggravated and exemplary damages.

d. A sum of ₦576,000.00 being the conservative salaries and allowances of the plaintiff for the period of 4 years he served the defendant.

e. A sum of ₦1.5million representing the minimum or conservative amount needed or required by the plaintiff to set up his own business.

f. In the alternative to (e) supra, an order commanding the defen…

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