Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(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
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
further answer
leading judgment
members of the ezenei executive committee
laws of bendel state of nigeria
piece of evidence
findings of fact
said obi arinze
unlawful damage
secondary evidence of the content of an original document
2nd may

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…

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