Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BALOGUN
V.
AMUBIKAHUN

(1989) JELR 80236 (SC)    
Supreme Court  ·  SC.237/1985 ·  28 Apr 1989 ·  Nigeria
 · 
Other Citations
Balogun v. Amubikahun (1989) 3 NWLR (Pt. 107) 18
CORAM
ANDREWS OTUTU OBASEKI, J.S.C. (Presiding) AUGUSTINE NNAMANI, J.S.C. ADOLPHUS GODWIN KARIB1-WHYTE, J.S.C. SALIHU MODIBBO ALFA BELGORE, J.S.C. (Read the Lead Judgment) PHILIP NNAEMEKA-AGU, J.S.C.

Ratio Decidendi

Core Terms Beta
police post
land case
court of appeal
criminal charge
finding of the learned trial court
reasonable doubt
said olufunmilayo adekunle
probable cause
determination of the issues
madam olufunmilayo adekunle
false imprisonment
police station
gave evidence
joint trial
defendant set
chief magistrate court
trial judge
such persons
malicious prosecution
arrest of the respondent
learned trial judge
police case diary
appellant
land dispute
high court
issue of arrest warrant
false statement
lead judgment
proof of the allegations of fact
malicious accusation
respondent
magistrate court
house of the respondent
statement of claim
said madam adekunle
general damages
courts
reasonable cause
case of the respondent
result of malice
virtue of s.137 evidence act
prosecutor of the respondent
set of facts
defendant
iguma aruegbon
whole matter
plaintiff
reasonable grounds

BELGORE, J.S.C. (Delivering the Lead Judgment): The appellant is a legal practitioner based at Ibadan. In his private capacity, he has a land dispute with the respondent in one of the Courts in that city. Sometime in March, 1979, with the land case still pending in Court, the appellant went to the police post at Orita Challenge, Ibadan, and lodged a complaint that the respondent, Alhaji Busari Amubikanhun, a butcher, has employed one Madam Olufunmilayo Adekunle to kill him and steal his dresses and transistor radio. It is apparent that he created the impression that the said Olufunmilayo Adekunle was a witch and that her witchcraft would be employed to cause his death. It was alleged that the woman gained entry into the appellant's house and actually removed a transistor radio and some dresses before she was caught. After being held by the appellant and perhaps neighbours, she confessed that she was sent on a mission by the respondent to kill the appellant. The appellant took the woma…

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