HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, delivered by Hon. Justice P.N.C Umeadi on 28/1/2011 wherein judgment was given in favour of the 5th Respondent at trial.
The Appellant and the 5th Respondent herein had a dispute over the sale of land wherein the Appellant alleged that the 5th Respondent collected the sum of ₦1,070,000 from him as vendor of a piece of land which transaction fell through and the 5th Respondent herein refused to refund the purchase price for the consideration that had failed.
The Appellant petitioned the office of the 3rd Respondent over the failed cheque and the threats of the 5th Respondent to his life and family members. The 3rd Respondent through the 4th Respondent in the course of their investigation detained the 5th Respondent and later released him on bail. The 5th Respondent later brought Suit No. 0/290m/2010 for the enforcement of his fundamental human r…