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ADEBOWALE
V.
ROBINSON

(2018) JELR 39239 (CA)

Court of Appeal 15 May 2018 Nigeria
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- This is an appeal against a judgment of the Ekiti State High Court granting all the claims of the respondent in a case of malicious prosecution. - The appellant filed a statement of defense and an amended statement of defense and counter-

Case Details

Suit Number:CA/EK/33/2015
Judges:AHMAD OLAREWAJU BELGORE JCA FATIMA OMORO AKINBAMI JCA PAUL OBI ELECHI JCA
Counsel:C. C. Nnachetta Esq. with him, Gbenga Bejide and A.O. Olayemi Esq. For the Appellant; Kayode Oluwasola Esq. holding the brief of J.O. Olajide For the Respondent.

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Ekiti State High Court, delivered on 3rd day of December, 2014 by His Lordship, Hon. Justice A.K. Fowe, granting all the claims of the Respondent.

In the Writ of Summons and statement of Claim filed at the registry of lower Court on 18th of November, 2011, Respondent claimed as follows:-

(a) Two Million Naira (N2,000,000.00) general damages for malicious prosecution of claimant between 2010 and 2011 by the defendant in charge MID/16C/2010 before the Magistrate Court, Ido Ekiti which ended in the discharge and acquittal of the claimant.

Judgment in the suit was delivered on 3rd December, 2014 in favour of Respondent.

Dissatisfied with the said judgment, Appellant filed his Notice of Appeal at the Registry of the lower Court.

Appellant subsequently filed amended Notice of Appeal.

The case of the appellant at the lower Court can be gleaned from Exhibits D1 and D2, is that the defendant will…

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