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BARAU
V.
CHABA

(1994) JELR 43361 (CA)

Court of Appeal 20 Apr 1994 Nigeria
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- This is an appeal against a decision that found the appellant liable for malicious prosecution and awarded damages to the respondent. - The appellant's house was burgled and he reported it to the police. The respondent and three other sec

Case Details

Suit Number:CA/K/198/92
Judges:UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Counsel:C.A. Ekhasemonhe For Appellant V.I. Aigbogun (Mrs) For Respondent
Other Citations:Barau v. Chaba (1995) 1 NWLR (Pt. 371)

OPENE, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Coomassie J. (as he then was) on 24/04/92 in which he found the appellant liable for malicious prosecution of the respondent whereupon he awarded the sum of ₦50,000.00 (Fifty Thousand Naira) in favour of the respondent.

A brief fact of the present case is that on or about the 5th day of July 1989, the appellant's house at No.3 Wasiri Maccido Road, Malali, Kaduna was burgled by some unknown persons and so many valuable properties were stolen.

The appellant then lodged a report at the Police Station, Malali, Kaduna. Before this incident, the appellant had a contractual relationship with Security Guard System (a Security Company) at No. 6/7 Gboko Road, Zango House, Ungwan Kanawa, Kaduna in which the respondent and three other persons were employees.

The respondent and the three other persons were at various times posted to guard the appellant's house before the appellant's house was burgled.

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