Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38858 (CA)    

Court of Appeal  ·  CA/E/80/2017 ·  29 Jun 2018 ·  Nigeria
TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
2nd defendant
2nd plaintiff
exhibit p5
learned trial judge
abagana police station
false imprisonment
1st defendant
1st appellant
ogugua nwosu
2nd appellant
1st respondent
entire evidence
police station
dwarf wall
exhibit p3
anambra state urban development board
false report
lead judgment
police arrest
appeal fails
better understanding of the involvement of the 2nd appellant
construction of a culvert
construction of the said culvert
context of the tort of unlawful imprisonment
demolition order
detention of a plaintiff
edge of the 1st defendants wall fence
evidence of the 2nd appellant
exhibit d1 shows
exhibit d2 shows
false report of the defendants
following reliefs
judgment of the high court of anambra state
last friday 12th july
malicious demolition of the 1st appellant
none of the plaintiffs
special damages
support of their claims
unlawful detention of the plaintiffs
zonal manager of asudeb

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of Anambra State delivered in suit no. A/406/2013 on 21/11/2016. The respondents as the plaintiffs in the suit claimed the following reliefs against the appellants as the defendants:

The sum of ₦10,000,000:00 (Ten Million Naira Only) being general and special damages for the unlawful detention of the plaintiffs by the police based on the false report of the defendants.

The appellants counterclaimed against the respondents for:

₦10,000,000:00 (Ten Million Naira) for special and general damages imposed on the defendants in the use and quiet possession of the subject property viz. john O. Okechukwu's compound opposite Immanuel Anglican Church, Iruokwe village, Enugwuukwu.

The dispute arose from construction of a culvert by 1st respondent over a gutter which the government constructed while building a road which passes by the area where the parties reside. The culver…

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