(2005) JELR 45999 (CA)    

Court of Appeal  ·  CA/J/104/97 ·  5 Jul 2005 ·  Nigeria
Other Citations
Skypower Airways Ltd. v. Olima. (2005) 18 NWLR (Pt.957) 224
Skypower Airways Ltd. v. Olima (2005) 18 NWLR (Pt. 957) 224
AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
clear days
fundamental rights
fair hearing
hearing of the motion
mr. james
circumstances of the case
exemplary damages
trial judge
award of n500,000.00 damages
ruling of kolo
federal high court
issue no.1
presence of counsel
service of the summons
staff of the appellant
2nd respondents
3rd respondent
briefs of argument
case file
circumstances of this matter
common ground
correct decision
date of the arrest
date of the order
determination of the substantive motion
evidence of the release of the applicants
fundamental rights enforcement rules grounds
honourable court
leading judgment
motion ex parte
o. b. james
omutele village of benue state
record of proceedings shows
rules of this court
said court
state of any such rights
support of the respondent
written law

NZEAKO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Kolo, J., sitting at the Federal High Court, Jos, delivered on 15th January, 1997, against the appellant herein, who was the 3rd respondent in the court below. Two others who did not appeal were the 1st and 2nd respondents.

The respondents in this appeal were the applicants in the court below. They were citizens residing at Omutele village of Benue State. They are the relations of one Frank Olima, said to be a staff of the appellant, a company in Lagos. They claimed that at the "instance" of the appellant, the police came to their said village on 27/11/96, arrested them and took them away to Lagos, where they were detained at the Zone II Headquarters C.I.D., Onikan, Lagos. As deposed in the affidavit in support of the respondent's claim, the reason for their arrest was that their said relation, Frank Olima was alleged to have committed some offence at his place of work as a staff of the appellant…

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