FALSE IMPRISONMENT: Ingredients which a plaintiff must establish to succeed in an action for false imprisonment  

 

 Anonymous
Joined: 51 years ago
Posts: 0
19/10/2018 10:38 am  

 "In the instant case, in order for the respondent to establish tort of false imprisonment, the following elements must be conjunctively established:

1. He was arrested;

2. His arrest was without reasonable and/or probable cause;

3. He was detained for some considerable length of time as a result of his arrest; and

4. The defendant was responsible for his arrest or set the law in motion against him.

That is, the defendant instigated his arrest. See Okonkwo v. Ogbogu (1996) 5 NWLR (Pt. 449) 420; Okeke v. Igboeri (2010) LPELR-4712 and Arab Contractors (C. A. O.) Nig. Ltd. v. Gillian Umanah (2012) LPELR-7927."

 

Per OREDOLA, J.C.A.IN OMUMA MICRO-FINANCE BANK NIG. LTD v. OJINNAKA CITATION: (2018) LPELR-43988(CA)


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