Mrs Uchechi Nwachukwu V. Henry Nwachukwu & Anor (2018)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, C.J.N.

This appeal is against the judgment of the Court of Appeal, Holden at Owerri, in appeal No. CA/OW/123/2009 delivered on the 10th day of January, 2013 in which the Court set aside the Ruling of the High Court of Imo State in suit No. HAM/65M/2008 delivered on the 23rd day of March, 2009 in which the Court granted the reliefs claimed by the applicant under the Fundamental Rights (Enforcement Procedure) Rules, 1979.

The appellant, who was the applicant at the trial Court, claimed the following reliefs:-

“(a) A Declaration that the physical torture of the applicant, harassment, embarassment, inhuman and degrading treatment meted out to the applicant by the respondents and their hired thugs are a violation of the applicant’s fundamental right to the dignity of the human person as guaranteed under Section 34(a) of the 1999 Constitution of the Federal Republic of Nigeria.

(b) A Declaration that the removal of the private properties belonging to the applicant out of her matrimonial home by the respondents acting in concert or connivance of their

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hired thugs on the grounds that the appellant was HIV positive is a clear violation or infraction of the applicants fundamental right to her privacy and family life and to freedom from discrimination as guaranteed by Section 37 and 42 of the 1999 Constitution of the Federal Republic of Nigeria.

(c) Five Million Naira damages only as compensation for their inexcusable and/or unjustified violation of the applicant’s right duly guaranteed by the 1999 Constitution.

(d) An order of injunction restraining the respondents by themselves, their servants, agents, privies, hired workmen popularly known as and called Akpu Obi from harassing, embarrassing, disturbing the private life of the applicant on the same grounds or related grounds that led to the breaches complained of.

(e) Mandatory order of Court compelling the respondents to restore the applicants properties carted away from her home back to her home.

The above reliefs are grounded on the following:-

“1. That the torture, inhuman or degrading treatment meted to the Applicant by the Respondents and their hired thugs is a gross infraction/breach of the Applicant’s Right to dignity of

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human person as guaranteed by Section 34 of the 1999 Constitution of the Federal Republic of Nigeria.