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TANKO & ANOR.
V.
MAI-WAKA & ANOR.

(2009) JELR 42900 (CA)

Court of Appeal 28 May 2009 Nigeria
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- The plaintiffs, farmers from Bussi village, instituted claims at the Niger State High Court against the defendants for damages resulting from psychological distress, unlawful detention, and defamation, after being arrested and detained fo

Case Details

Suit Number:CA/A/177/07
Judges:MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria
Counsel:Ibrahim Isiyaku SAN, Mr. E. Agwulonu For Appellant Philip Olusola Esq. For Respondent
Other Citations:TANKO V. STATE (2009) 4 NWLR (Pt. 1131) 430 S.C.

MARY U. PETER-ODILI J.C.A. (Delivering the Leading Judgment): At the Niger State High Court presided over by the Honourable Justice Aisha A.L.B. Bwari the Plaintiffs (now Respondents) claimed the following:-

(a) The 1st Plaintiff claims against the Defendants jointly and or severally the sum of N400,000.00 being damages for psychological distress;

(b) The 2nd Plaintiff also claims against the Defendants jointly and or severally the sum of N200,000.00 being damages for unlawful detention, defamation of character and psychological distress.

(c) AND the Plaintiffs also demand a written apology from the Defendants respecting the defamatory allegations.

(d) Such further or other reliefs as the justice of this case may demand.

Witnesses testified and both counsel addressed the court and the trial Court dismissed the case against the 1st and 2nd defendants but found against 3rd and 4th and the Defendants 3rd and 4th appealed on three grounds which I shall restate below:-

"GROUNDS OF APPEAL:

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