ACB Ltd. (the appellant) alleged that Mr. Okonkwo, its employee, stole large sum of money belonging to it and that he had absconded. The police proceeded to arrest the 1st respondent who is the mother of one Mr. Kenneth Okonkwo and detained her when they could not find Mr. Okonkwo.

Her movable properties were impounded imputing that the money Mr. Okonkwo was alleged to have stolen was used in buying the properties. Aggrieved, she sued the appellant and the Police in the High Court under the Fundamental Rights (Enforcement Procedure) Rules seeking the to enforce her fundamental rights under Sections 31, 33 and 40 of the 1979 Constitution as well as claiming, special damages which were not particularised nor proved as such.

The learned trial Judge found in favour of the 1st respondent, awarded her the sum of N200,000.00 as general damages.

Appellant, dissatisfied, appealed against it to the Court of Appeal while the 1st respondent cross-appeal on quantum of damages awarded in her favour and also against the failure to award costs in her favour.