OHAJUNWA & ANOR
V.
OBELLE & ANOR

(2007) JELR 48346 (CA)

Court of Appeal 7 Nov 2007 Nigeria
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- The respondents sued the appellants in the High Court of Rivers State, claiming N30,000,000 as aggravated damages for false imprisonment, alleging the appellants falsely procured their arrest and detention for hiring assassins, an allegat

Case Details

Suit Number:CA/PH/227/2002
Judges:SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MOHAMMAD LAWAL GARBA Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria
Counsel:A J. Jamabo, Esq. (with him I. D. Darego [Miss] For Appellant D. U. Obi. Esq. For Respondent

SULEIMAN GALADIMA, J.C.A.:(Delivering the Leading Judgment): The respondents herein sued the appellants as defendants at the Port Harcourt High Court of Rivers State, jointly and severally for the sum of N30,000,000.00(Thirty Million Naira) being and representing aggravated damages for acts of false imprisonment by the appellants by directing and procuring the police to arrest and detain the respondents on two occasions for the same allegation of hiring seven assassins to kill the appellants which allegation the appellants ought to have known to be false.

On 15/5/1995, the learned trial Judge Olukole (J) entered judgment against the appellants in favour of the respondents based on their statement of claim without hearing evidence, relying on Order 17 rule 4 of the High Court (Civil Procedure) Rules 1987 and aggravated damages in favour of the respondents in the sum of N6.000.000.00 (Six Million Naira).

On 9th March 1999, the learned trial Judge dismissed a motion on notice to set asid…

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