Seed Vest Microfinance Bank PLC & Anor V. Paul Adedigbo Ogunsina & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON-WEST, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of Honourable Justice A. O. Adebusoye of the Ondo State High Court of Justice delivered on the 14th day of March 2013. The Applicant/Respondents filed an application for the enforcement of his Fundamental Human Rights dated 28th, day of September 2012, praying the Court for the following reliefs:

i. A DECLARATION that the arrest, detention and torture of the Applicant from the 24th September, 2012 to 26th day of September 2012 is illegal, unlawful, a violation of his fundamental rights to personal liberty, freedom of movement, dignity of human person as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria amount to false imprisonment.

ii. A DECLARATION that the further threat of arrest and detention of the Applicant by the 5th Respondent is unlawful, unconstitutional and violation of his right to personal liberty.

iii. A DECLARATION that the relationship between the Applicant and the 1st Respondent is purely contractual and that the 3rd, 4th and 5th Respondents are not entitled to mediate and or

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interfere in their affairs.

iv. The sum of N50,000,000.00 (Fifty Million Naira) as general damages for the pain and psychological trauma suffered by the Applicant when he was unlawfully arrested, detained and tortured by the agents of the 4th and 5th Respondents at the instruction and directive of the 2nd Respondents.

v. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents, their agents, privies, servants and whosoever from fuller threat, arrest, detention, harassment and embarrassment of the Applicants save only if the Applicant commit an offence.

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After the exchange of pleadings and completion of trial, the High Court of Justice granted the Applicant/Respondent the following reliefs.

i. A DECLARATION that the event, detention and torture of the Applicant from 24th September 2012 to 26th September 2012 by the 1st – 4th Respondents is illegal, unlawful, a violation of his fundamental right to personal liberty, freedom of movement, dignity of human person as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria and amounts to false imprisonment.

ii. A DECLARATION that the relationship between the Applicant

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