OKECHUKWU & ANOR
V.
NWOSU & ANOR

(2018) JELR 38858 (CA)

Court of Appeal · CA/E/80/2017 · 29 Jun 2018 · Nigeria

CORAM

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

plaintiffs

police

defendants

appellants

respondents

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…

OKECHUKWU & ANOR V. NWOSU & ANOR

OKECHUKWU & ANOR
V.
NWOSU & ANOR