OTERI V. OKORODUDU & ORS.

• Pages: 170-176

170

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NIGERIAN SUPREME COURT CASES

[1970] N.S.C.C.

could get £6 to refund to the defendants' father; and that under Isoko custom 'land

pledged is redeemable no matter the length of time that passed before redemp-

tion.''

It has not been shown that there was no evidence to support these findings. On

the contrary, after a careful study of the proceedings and of the judgment of the

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learned trial Judge, we are of the opinion that these findings were amply supported

by evidence. There is no substance in this appeal which is dismissed with costs

assessed and fixed at 38 guineas.

Appeal dismissed.

10

OTERI V. OKORODUDU & ORS.

15

OTERI

V

OKORODUDU AND ANOR

SUPREME COURT OF NIGERIA

LEWIS,

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J.S.C.

UDOMA,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

11th May, 1970

APPELLANT

RESPONDENTS

SUIT NO. SC 39/1968

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Tort - False imprisonment - Damages for - Onus on defendant seeking to justify

his conduct - Test applicable.

ISSUE:

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1. What is the test to be applied with the onus of proof on the defendant seeking

to justify his conduct.

FACTS:

The plaintiffs' claim against the defendants is for £250.00 being general dam-

ages suffered by the plaintiff as a result of the defendant's false imprisonment. The

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plaintiff was without lawful justification arrested at about 7 a.m. upon a false charge

made by the 1st defendant of failing to pay tax or rate in respect of the current fin-

ancial year. He was detained for about five hours in the Grade C Customary Court

cell until bail was granted at about 6.p.m. The President of the Grade C Custom-

ary Court dismissed the charge. The defendants rejected to pay the damages.

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On appeal the Chief Magistrate Court gave judgment for the plaintiff but on ap-

peal to the High Court, the Judge set aside the award of damages and dismissed

the plaintiff's claim. The plaintiff appealed to this court.

HELD:

1 The power possessed by constables to arrest without warrant whether at

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common law for suspicion of various misdemeanours is subject to the

requirement that the constable shall before arresting, satisfy himself that there

do in fact exist reasonable grounds for suspicion of guilt. The test to be

applied, with the onus of proof on a defendant seeking to justify his conduct,

must be that of a reasonable person acting without passion and prejudice. The

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matter must be looked at objectively, and in the light of facts known to the

defendant at the trial, not on subsequent facts that may come to light.