UBADINEKE & ORS
V.
OBI

(2018) JELR 39147 (CA)    

Court of Appeal  ·  CA/OW/45/2015 ·  18 May 2018 ·  Nigeria
CORAM
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
police
appellants
respondents
trial court
false information
magistrates court
exhibit d
1st respondent
criminal charge
issues
lower court
7th respondents
learned trial judge
3rd 7th appellants
subject matter
records of appeal
trial judge
charge no. mor
complaints of the respondent
infringement of his fundamental rights
magistrate court
police station
vigilante men
1st respondents counter affidavit
2nd appellant
above issues
addresses of counsel
appellants counsel
breach of the fundamental rights of the applicant
civil claim
claimed damages
counts of false information
criminal matter
enforcement of applicants
facts of this matter
fundamental right of the applicant
fundamental rights reliefs
issue of the said n240,000.00
judgment appellants
judgment of the high court of imo state
law office of applicants counsel office
orlu magistrate court
respective fundamental right
said court
suit no. hor
support of the application
verifying affidavit

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Imo State in Suit No. HOR/161/2013, delivered on 6/2/2014 by Hon. Justice L.C. Azuama, wherein his Lordship granted the fundamental rights reliefs sought by the Respondent herein awarded him the sum of Five Hundred Thousand Naira (N500,000.00) damages against the Appellants for the infringement of his fundamental rights. Appellants were the Respondents at the Lower Court, while the Respondent herein was the Applicant at the said Court.

At the Lower Court, as per his statement in support of the application, Applicant sought the following reliefs against the Respondents jointly and severally:

(a) An Order for the enforcement of Applicants respective fundamental right to personal liberty, right to dignity of person, right to fair hearing.

(b) An Order of the (sic) perpetual injunction restraining the Respondents their servants, agents and privies from infringing upon the fund…

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