(1963) JELR 40093 (SC)    

Supreme Court  ·  F.S.C.185/1962 ·  23 May 1963 ·  Nigeria
Other Citations
Atugbue v. OChime and Ors (1963) All N.L.R
LIONEL BRETT Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria BAIRAMIAN Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
issues of fact
lord evershed
merits of the case
accuracy of the record
a. obi okoye
appeal turns
common ground
correctness of the judge
costs of the appeal
costs of the first hearing
court of trial
crown counsel
decision of the high court of eastern nigeria
early stage
eastern nigeria
entire case
exceptional case
good cause
malicious prosecution
mr. obi okoye
oral evidence
order xlii of the high court rules
ordinary case
ordinary circumstances
particular issue
party beginning
police officer
preliminary point of law
proper course
shortest cut
trial judge
unexplained omissions
whichever way
whole matter
windsor refrigerator company limited v

BRETT, F.J.:-This is an appeal by the plaintiff from the decision of the High Court of Eastern Nigeria dismissing his claim for damages for malicious prosecution. The appeal turns not on the merits of the case but on the procedure adopted at the court of trial. As regards that procedure, the appellant does not challenge the accuracy of the record, so far as it goes, but he has lodged an affidavit supplementing it in various respects, and as no counter affidavit has been lodged it must be taken that for the purposes of this appeal the respondents accept the correctness of the appellant's affidavit.

It was common ground on the pleadings that the appellant had been tried and convicted in the Magistrate's Court, Enugu, on a charge of stealing property belonging to the respondents, and that the conviction was set aside by the High Court on appeal. The questions in issue on the pleadings, in addition to the quantum of damages, were whether the respondents were the persons responsible for se…

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