OKONKWO
V.
OGBOGU & ANOR

(1996) JELR 46118 (SC)

Supreme Court · SC.202/1991 · 23 Apr 1996 · Nigeria
·

Other Citations

Okonkwo v. Ogbogu (1996) 5 NWLR (Pt.449) 420

Okonkwo v. Ogbogu (1996) 5 NWLR (Pt. 449) 420

CORAM

MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

1st defendant

trial court

1st respondent

2nd defendant

2nd respondent

primary evidence of its content

learned trial judge

statement of claim

nigeria police asaba

judgment of the court of appeal

executive committee

said charge

evidence act

2nd day of may

case of false imprisonment

following issues

statement of the appellant

police custody

arrest of the plaintiff

obi b. n. arinze

criminal procedure law cap

failure of the learned justices of the court

evidence of p.w.2

said obi b. n. arinze

general damages

conclusion of the learned trial judge

appellant's counsel

temporary structure

cross examination

adjoining land

such evidence

court of appeal

appellant

further answer

leading judgment

defendants

members of the ezenei executive committee

laws of bendel state of nigeria

piece of evidence

findings of fact

plaintiff

said obi arinze

unlawful damage

secondary evidence of the content of an original document

2nd may

appeal

OGWUEGBU, JSC (Delivering the Leading Judgment): This is an appeal by the 1st defendant in the trial court against the judgment of the Court of Appeal, Benin Division dismissing his appeal to that court.

The 1st respondent as plaintiff instituted an action in the Asaba Judicial Division of the High Court of the former Bendel State against the appellant as the 1st respondent and the 2nd respondent as the 2nd defendant claiming the sum of ₦20,000.00 jointly and severally for the tort of false imprisonment.

The 1st respondent in paragraph 22 of his statement of claim averred as follows:-

"WHEREFORE the plaintiff brings and claims from the defendants , jointly and severally the sum of ₦20,000.00 being general damages for false imprisonment in that on or about the 2nd day of May, 1982 at Asaba in the Asaba Judicial Division the 1st defendant falsely and maliciously preferred before the Nigeria Police Asaba a charge of wilful and unlawful damage to his (1st defendant's) property at Asaba an…

OKONKWO V. OGBOGU & ANOR

OKONKWO
V.
OGBOGU & ANOR